Case law

Cardwell v. Board of Appeals of Woburn

61 Mass. App. Ct. 118 · Massachusetts Appeals Court · May 3, 2004

See O’Kane v. Board of Appeals of Hingham, 20 Mass. App. … Milton Commons Assocs. v. Board of Appeals of Milton, 14 Mass. App.

M. DeMatteo Construction Co. v. Board of Appeals

3 Mass. App. Ct. 446 · Massachusetts Appeals Court · Sep 3, 1975

L. c. 40A, § 21, brought by landowners were made in, e.g., Vazza v. Board of Appeals of Brockton, 359 Mass. 256 (1971), and Glacier Sand & Stone Co. Inc. v. Board of Appeals of Westwood, 362 Mass. 239 ; and Woods v. … Goodwin v. Board of Selectmen of Hopkinton, 358 Mass. 164 (1970); Byrne v.

Toda v. Board of Appeals of Manchester

18 Mass. App. Ct. 317 · Massachusetts Appeals Court · Jun 28, 1984

In Butler v. … Wilson v.

Golubek v. Westfield Gas & Electric Light Board

32 Mass. App. Ct. 954 · Massachusetts Appeals Court · May 15, 1992

Commonwealth v. Oliver, 342 Mass. 82, 85 (1961). By reason of that subordinate relationship, the board “could frame such general regulations concerning the exercise by . . . … See Municipal Light Commn. of Taunton v. Taunton, 323 Mass. 79, 84 (1948). The board has not argued the remaining issue of the board’s adoption of a hiring policy, and thus we are not obliged to consider the issue.

Ridgeley Management Corp. v. Planning Board of Gosnold

82 Mass. App. Ct. 793 · Massachusetts Appeals Court · Nov 21, 2012

Brown, 431 Mass. 838, 845 (2000); Housman v. LBM Financial, LLC, 80 Mass. App. Ct. 213, 216 (2011). … See, e.g., School Comm. of Gloucester v. Gloucester, 324 Mass. 209, 212 (1949); Board of Educ. v. Assessors of Worcester, 368 Mass. 511, 513-514 (1975).

Trustees of Boston University v. Licensing Board

24 Mass. App. Ct. 475 · Massachusetts Appeals Court · Jul 16, 1987

College v. Brookline, 19 Mass. App. … Emerson College v. Boston, 393 Mass. 303 , 305 n.1, 306 (1984). See als o McNeely v. Board of Appeal of Boston, 358 Mass. 94, 107 (1970).

Reynolds v. Zoning Board of Appeals of Stow

88 Mass. App. Ct. 339 · Massachusetts Appeals Court · Sep 15, 2015

See Zoning Bd. of Appeals of Lunenburg v. Housing Appeals Comm., 464 Mass. 38, 39-40 (2013). See also Board of Appeals of Hanover v. … Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236, 238 (2001), quoting from Seltzer v. Board of Appeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987).

Bos. Ret. Bd. v. Contributory Ret. Appeal Bd.

95 Mass. App. Ct. 1102 · Massachusetts Appeals Court · Mar 11, 2019

Board of Appeals v. Housing Appeals Committee

5 Mass. App. Ct. 838 · Massachusetts Appeals Court · Jun 10, 1977

It is apparent from page eleven of the decision that H.A.C. was fully aware of, and acted in accordance with, its statutory responsibility as explained in Board of Appeals of Hanover v. … That section makes it clear that, if the time limit is other than directory (see Boston v.

Burwick v. Zoning Board of Appeals of Worcester

1 Mass. App. Ct. 739 · Massachusetts Appeals Court · Feb 6, 1974

See, e.g., Halko v. Board of Appeals of Billerica, 349 Mass. 465, 467 (1965); Opie v. Board of Appeals of Groton, 349 Mass. 730, 731-733 (1965); Richardson v. … Board of Appeal of Malden, 352 Mass. 777 (1967); Shaughnessy v. Board of Appeals of Lexington, 357 Mass. 9, 13-14 (1970); Carr v. Board of Appeals of Saugus, 361 Mass. 361, 362 (1972). Compare Staman v.

Mac-Rich Realty Construction, Inc. v. Planning Board

4 Mass. App. Ct. 79 · Massachusetts Appeals Court · Feb 13, 1976

See Caruso v. Planning Board of Revere, 354 Mass. 569, 572 (1968). … Donahue v. Kenney, 330 Mass. 9, 13 (1953). 10 From the entry of the final decree in the planning board’s favor one can infer a finding that the board did not exceed its authority. Cf. Berry v.

Wright v. Board of Appeals of Falmouth

24 Mass. App. Ct. 409 · Massachusetts Appeals Court · Jun 30, 1987

See Building Inspector of Acton v. Board of Appeals of Acton, 348 Mass. 453, 456 (1965); Vazza v. Board of Appeals of Brockton, 359 Mass. 256, 259-261 (1971). Compare Smith v. … See also the general discussion in Lee v. Board of Appeals of Harwich, 11 Mass. App.

Texstar Construction Corp. v. Board of Appeals

26 Mass. App. Ct. 977 · Massachusetts Appeals Court · Oct 13, 1988

Board of Appeals of Amherst, 360 Mass. 604, 605 (1971), quoting from MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 639 (1970), and citing Gulf Oil Corp. v. … Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. at 277-278 .

Raia v. Board of Appeals of North Reading

4 Mass. App. Ct. 318 · Massachusetts Appeals Court · May 27, 1976

Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 161 (1962). … See Vetter v. Zoning Board of Attleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Chater v. Board of Appeals of Milton, 348 Mass. 237, 244 (1964); Alley v.

Independence Park, Inc. v. Board of Health

25 Mass. App. Ct. 489 · Massachusetts Appeals Court · Mar 18, 1988

This reading is the ordinary meaning of the regulation, whether looked at by laymen, see Cochis v. Board of Health of Canton, 332 Mass. 721, 726 (1955) (board of health likely to be composed of laymen), or by lawyers. … Natick, 394 Mass. 70, 76 [1985]; Crawford v. Cambridge, ante 47, 49-50 [1987]), is that, when a board regulation covers the subject at issue, the board’s recommendation must be consistent with the regulation.

Cohen v. Zoning Board of Appeals of Plymouth

35 Mass. App. Ct. 619 · Massachusetts Appeals Court · Dec 10, 1993

See Green v. Board of Appeals of Provincetown, 404 Mass. 571, 574 (1989); Chongris v. Board of Appeals of Andover, 17 Mass. App. Ct. 999, 1000 (1984). … Murray v. Board of Appeals of Barnstable, 22 Mass. App.

Leominster Materials Corp. v. Board of Leominster

42 Mass. App. Ct. 458 · Massachusetts Appeals Court · Apr 7, 1997

See Toda v. Board of Appeals of Manchester, 18 Mass. App. Ct. 317 , 320 n.6 (1984) (“We note in passing that, while the earth removal by-law [art. … Goodwin v. Selectmen of Hopkinton, 358 Mass. 164, 170 (1970). “These two modes of regulation need not be mutually exclusive.” Toda v. Board of Appeals of Manchester, 18 Mass. App. Ct. at 320 .

Farrugia v. Board of Appeals of Marshfield

14 Mass. App. Ct. 720 · Massachusetts Appeals Court · Dec 1, 1982

L. c. 40A, § 17; Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 295 [1972]) and made extensive findings based on the testimony and also the stipulations of counsel. … The court’s judgment that the board did not exceed its authority in denying the plaintiff’s application is affirmed. Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483, 487-488 (1979).

Marmer v. Board of Registration of Chiropractors

2 Mass. App. Ct. 162 · Massachusetts Appeals Court · Apr 11, 1974

Board of Registration in Medicine, 276 Mass. 566, 574-576 (1931); Harris v. Board of Registration in Chiropody *169 (Podiatry), 343 Mass. 536, 539-541 (1962); Massachusetts Gen. Hosp. v. Commissioner of Pub. … Daley v. District Court of Western Hampden, 304 Mass. 86, 97 (1939); Clarke v. Board of Collegiate Authy. 327 Mass. 279, 285 (1951); Duato v. Commissioner of Pub. Welfare, 359 Mass. 635, 638-640 (1971). Decree affirmed.

Garrity v. Board of Assessors

43 Mass. App. Ct. 911 · Massachusetts Appeals Court · Aug 6, 1997

Essential to practice before the Appellate Tax Board (board) is understanding that an appeal must be taken within three calendar months from the date of the assessors’ denial of an application. See Berkshire Gas Co. v. … The cases hold that jurisdictional requirements may not be waived by the board. Old Colony Co. v. Assessors of Quincy, 305 Mass. 509 (1940). New Bedford Gas and Edison Light Co. v.