Case law

Board of Selectmen v. Civil Service Commission

37 Mass. App. Ct. 587 · Massachusetts Appeals Court · Nov 4, 1994

Within that classification, the town manager and the board possessed managerial discretion to write flexible job descriptions in the interests of efficiency. See Somerville v. Somerville Mun. Employees Assn., 20 Mass. … Restaurant & Lounge, Inc. v. Selectmen of Randolph, 19 Mass. App. Ct. 296, 300 (1985).

Commonwealth v. Deidania Brown.

Massachusetts Appeals Court · Dec 8, 2025

See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008). … See also Wortis v. Trustees of Tufts College, 493 Mass. 648, 671 (2024) (declining to consider argument made without citation to supporting legal authority); Halstrom v.

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.

Dopazo v. Rent Control Board

25 Mass. App. Ct. 990 · Massachusetts Appeals Court · Apr 20, 1988

The standards for determining whether an applicant seeking an exemption under the by-law as an owner who is occupying a three-family house are set forth and discussed in Kinchla v. … Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966). Order dismissing report affirmed. A tenant’s testimony at a second hearing does not call any of this into question.

Medoff v. Boston Rent Board

16 Mass. App. Ct. 1008 · Massachusetts Appeals Court · Oct 11, 1983

. *1009 The defendant, Boston Rent Board (board) rejected the plaintiff’s application for vacancy decontrol. … See Charles-bank Apartments, Inc. v. Boston Rent Control Admn., 379 Mass. 635, 639 (1980); Wallace v. Boston Rent Bd., 12 Mass. App. Ct. 13, 18 (1981). James D. Rose for the defendant. Herbert S.

Board of Selectmen v. Jarvinen

13 Mass. App. Ct. 1024 · Massachusetts Appeals Court · Apr 9, 1982

For the reason discussed in Beard v. Salisbury, 378 Mass. 435, 438-441 (1979), and Lovequist v. … The defendant’s reliance on Kelleher v. Selectmen of Pembroke, 1 Mass. App. Ct. 174, 182-184 (1973), and Kingston v. Hamilton, 2 Mass. App.

Fox v. Board of Appeals

13 Mass. App. Ct. 999 · Massachusetts Appeals Court · Mar 24, 1982

L. c. 40A, § 9, first par., as appearing in said § 3; Wrona v. Board of Appeals of Pittsfield, 338 Mass. 87, 88-89 (1958); Woods v. Newton, 351 Mass. 98, 102-103 (1966); Strazzulla v. … Building Inspector of Wellesley, 357 Mass. 694, 696, 698 (1970), cert. denied, 400 U.S. 1004 (1971); Kiss v. Board of Appeals of Longmeadow, 371 Mass. 147, 153-154 (1976).

Vincent v. Rent Control Board of Cambridge

23 Mass. App. Ct. 927 · Massachusetts Appeals Court · Dec 2, 1986

Finkelstein v. Board of Registration in Optometry, 370 Mass. 476,478 (1976). Polednak v. Rent Control Bd. of Cambridge, 397 Mass. at 858. Cliff House Nursing Home, Inc. v. Rate Setting Commn., 16 Mass. App. … In support of its construction of St. 1976, c. 36, § 3(b)(2), the board cites five cases from New York: Lord Management Corp. v. Weaver, 11 N.Y.2d 180 (1962); Eckert v. McGoldrick, 284 A.D. 810 (1954); DeRosa v.

Randolph Credit Union v. Board of Assessors

33 Mass. App. Ct. 268 · Massachusetts Appeals Court · Sep 4, 1992

See Stilson v. Assessors of Gloucester, 385 Mass. 724, 732 (1982). … See Terry v. Kemper Ins. Co., 390 Mass. 450, 455 (1983); First Natl. Ins. Co. v.

Tortorella v. Board of Health

39 Mass. App. Ct. 277 · Massachusetts Appeals Court · Sep 29, 1995

See MacGibbon v. … by 310 CMR 15 .01, Title V.

Hebshie v. Board of Selectmen

39 Mass. App. Ct. 87 · Massachusetts Appeals Court · Aug 11, 1995

Compare Bannerman v. Fall River, 391 Mass. 328, 332 (1984). … Beacon first argues that the enabling act should not be given retroactive effect, citing Building Inspector of Acton v. Board of Appeals of Acton, 348 Mass. 453, 456 (1965).

Independence Park, Inc. v. Board of Health

25 Mass. App. Ct. 133 · Massachusetts Appeals Court · Dec 4, 1987

See Nyquist v. Board of Appeals of Acton, 359 Mass. 462, 465 (1971); Falcone v. Zoning Bd. of Appeals of Brockton, 7 Mass. App. Ct. 710, 712 (1979) (both zoning cases). See also Wolk v. … Wolk v. Planning Board of Stoughton, 4 Mass. App. Ct. at 812 .

Samuelson v. Planning Board of Orleans

86 Mass. App. Ct. 901 · Massachusetts Appeals Court · Jul 2, 2014

The Kennedys do not argue that the board lacked authority to impose the 1975 conditions, and in any event, the time for challenging those conditions has long since passed. Murphy v. Planning Bd. of Hopkinton, 70 Mass. … The Kennedys argue that this case is analogous to Murphy v.

Gordon v. Zoning Board of Appeals of Lee

22 Mass. App. Ct. 343 · Massachusetts Appeals Court · Jun 12, 1986

Damaskos v. Board of Appeal of Boston, 359 Mass. 55, 61 (1971), and cases therein cited. The test is not whether the variance is simply “desirable,” Martin v. Board of Appeals of Yarmouth, 20 Mass. App. … See Dion v. Board of Appeals of Waltham, 344 Mass. 547, 555-556 (1962); Warren v. Zoning Bd. of Appeals of Amherst, 383 Mass. 1,10 (1981), and cases therein cited.

Board of Selectmen of Brewster v. Sparrow

15 Mass. App. Ct. 988 · Massachusetts Appeals Court · Apr 19, 1983

L. c. 79, § 39 (see Willar v. Commonwealth, 297 Mass. 527, 528-529 [1937]; contrast George A. Fuller Co. v. Commonwealth, 303 Mass. 216, 224 [1939]). … See Nicklas v. New Bedford, 250 Mass. 471, 474-475 (1925); Cann v. Commonwealth, 353 Mass. 71 (1967); Whitehouse v. Sherborn, 11 Mass. App. Ct. 668, 674-675 (1981), and cases cited.

Jaworski v. Earth Removal Board

35 Mass. App. Ct. 795 · Massachusetts Appeals Court · Jan 20, 1994

Citing Building Inspector of Chelmsford v. Belleville, 342 Mass. 216, 217-218 (1961), and Harvard v. … Since the board need not exempt such projects, the town argues, the earth removal by-law still has some application. The by-law obviously does not purport to have such a limited effect. Toda v.

Selectmen of Ayer v. PLANNING BOARD OF AYER

3 Mass. App. Ct. 545 · Massachusetts Appeals Court · Oct 23, 1975

See Chira v. Board of Appeals of Tis-bury, ante, 433, 436-437 (1975). … McCarthy v. Board of Appeals of Ashland, 354 Mass. 660, 663 (1968). Nor have the appellants shown that the Superior Court erred in sustaining the planning board’s approval of the subdivision plans.

Cass v. Board of Appeal of Fall River

2 Mass. App. Ct. 555 · Massachusetts Appeals Court · Oct 3, 1974

Works of Fall River, 324 Mass. 542, 545 [1949]; Broderick v. Board of Appeal of Boston, 361 Mass. 472, 478, 479 [1972]; Board of Appeals of Hanover v. … Kairis v. Board of Appeal of Cambridge, 337 Mass. 528, 530, 531 (1958). Cary v. Board of Appeals of Worcester, 340 Mass. 748, 751-752 (1960). See Rodenstein v. Board of Appeal of Boston, 337 Mass. 333, 335-336 (1958).

Fratus v. Board of Selectmen

17 Mass. App. Ct. 1036 · Massachusetts Appeals Court · Mar 29, 1984

After the decision of this court in Fratus v. Selectmen of Yarmouth, 6 Mass. App. Ct. 605 (1978), the plaintiffs (three police officers of Yarmouth) amended their complaint to state four counts. … On count one the judge found that the plaintiffs were given a fair hearing by the board and that McGrath’s participation was untainted by bias, prejudice, malice, bad faith, or conflict of interest.

Avery v. Boston Rent Board

12 Mass. App. Ct. 865 · Massachusetts Appeals Court · Jun 4, 1981

On remand, the board recalculated the rent increase and applied the new rates to all those units, a total of fifty-six, whose occupants had appeared before the board in the 1976 proceedings. See Sniffin v. … Sherman v. Rent Control Bd. of Brookline, 367 Mass. 1, 10 *866 (1975). The court’s jurisdictional limitations, however, cannot be imposed on the board to “foreclose . . .