Case law

Board of Assessors v. Commissioner of Revenue

13 Mass. App. Ct. 225 · Massachusetts Appeals Court · Feb 23, 1982

See Mitchell v. Metropolitan Dist. Commn., 4 Mass. App. Ct. 484, 487-489 (1976). Contrast Ward v. Comptroller of the Commonwealth, 345 Mass. 183, 186-187 (1962). Compare Executive Air Serv., Inc. v. … Mayor of Gloucester v. City Clerk of Gloucester, 327 Mass. 460, 464-465 (1951). Boston Teachers Local 66 v. Boston, 382 Mass. 553, 562 (1981). The judgment is reversed.

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.

Angelus v. Board of Appeals

14 Mass. App. Ct. 908 · Massachusetts Appeals Court · Jun 10, 1982

As the new c. 40A was intended to have prospective effect only (see Shalbey v. Board of Appeal of Norwood, 6 Mass. App. … Brown v. Board of Appeals of Manchester, 8 Mass. App. Ct. 929 (1979).

LeBeau v. Board of Selectmen

13 Mass. App. Ct. 942 · Massachusetts Appeals Court · Feb 11, 1982

Grady for Board of Selectmen of East Brookfield. 1. As to whether the plaintiffs were “persons aggrieved” within the meaning of G. L. c. 121A, § 6C, we think that reasoning of Boston Edison Co. v. … See, e.g., Chase v. Planning Bd. of Watertown, 4 Mass. App. Ct. at 431-432, and cases cited. See also Greenberg v. Assessors of Cambridge, 360 Mass. 418, 421 (1971); Charbonnier v. Amico, 367 Mass. at 151 n.10.

Waldron v. Board of Appeal

2 Mass. App. Ct. 868 · Massachusetts Appeals Court · Sep 16, 1974

The trial judge ruled that the board had failed to set forth clearly the reasons for its decision as required by G. L. c. 40A, § 18 (see Delgaudio v. Board of Appeals of Medford, 1 Mass. App. … Board of Appeals of Brookline, 362 Mass. 290 (1972). Williams v. Building Commr. of Boston, 1 Mass. App. Ct. 478, 479-480 (1973). See Allen v. Board of Appeals of Fall River, 351 Mass. 714 (1967).

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 .

Town of Burlington v. Board of Education

15 Mass. App. Ct. 997 · Massachusetts Appeals Court · Apr 25, 1983

Section 6 of c. 1010 provided, “This act shall apply only to projects approved by the board of education on or after January the first, nineteen hundred and seventy-one.” … Carolyn V. Wood, Assistant Attorney General, for the defendant.

Hayduk v. Board of Appeals of Yarmouth

15 Mass. App. Ct. 927 · Massachusetts Appeals Court · Jan 21, 1983

That description encompasses the lots for which the building inspector issued building permits, and the board correctly concluded that the permits were lawful. … The board’s construction of § 1535 does not, as the plaintiff contends, make § 1534 superfluous. The judge correctly ordered judgment for the defendant under Mass.R.Civ.P. 56(c), 365 Mass. 824 (1974). Judgment affirmed.

Cumberland Farms, Inc. v. Zoning Board of Appeals

61 Mass. App. Ct. 124 · Massachusetts Appeals Court · May 4, 2004

Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 528-531 (1990). See part 3, infra. See note 6, supra. Again, Mendes v. Board of Appeals of Barnstable , see note 9, supra, suggests that a G. … See Whitten v. Board of Appeals of Woburn, 38 Mass. App. Ct. 949, 950 (1995).

Cumberland Farms, Inc. v. Planning Board of Bourne

56 Mass. App. Ct. 605 · Massachusetts Appeals Court · Dec 2, 2002

See, e.g., Quincy v. Planning Bd. of Tewksbury, 39 Mass. App. Ct. 17, 20-21 (1995); Osberg v. Planning Bd. of Sturbridge, supra at 60 n.8; Dufault v. Millennium Power Partners, L.P., 49 Mass. App. … Osberg v. Planning Bd. of Sturbridge, supra. See Prudential Ins. Co. v. Board of Appeals of Westwood, 23 Mass. App. Ct. at 280-282 .

Slater v. Rent Control Board

25 Mass. App. Ct. 938 · Massachusetts Appeals Court · Jan 12, 1988

The board, interpreting art. … Further, the board did not exceed the “substantial discretion” afforded it, see Sherman v. Rent Control Bd. of Brookline, 367 Mass. 1, 8, 10 (1975), in finding in the tenant’s favor.

Porter v. Board of Appeal of Boston

Massachusetts Appeals Court · Jan 18, 2024

See Porter v. Board of Appeal of Boston, 99 Mass. App. … See Porter v.

Thomson v. Board of Appeals

8 Mass. App. Ct. 882 · Massachusetts Appeals Court · Jul 16, 1979

Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277 (1969). MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 639 (1970). Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Volpe & Co. v. Board of Appeals of Wareham, 4 Mass. App. Ct. 357, 360-362 (1976).

Phifer v. Board of Assessors

28 Mass. App. Ct. 552 · Massachusetts Appeals Court · Apr 25, 1990

See authorities collected in Commonwealth v. Ramos, 402 Mass. 209, 216 (1988); Tazziz v. Tazziz, 26 Mass. App. Ct. 809 , 814 n.5 (1988). … The case is remanded to that board for further proceedings consistent with this opinion.

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.

Chiaraluce v. Zoning Board of Appeals of Wareham

89 Mass. App. Ct. 290 · Massachusetts Appeals Court · Apr 8, 2016

Nielsen v. Board of Appeals of Wareham, 69 Mass. App. … Bartlett v. Board of Appeals of Lakeville, 23 Mass. App. Ct. 664, 671 (1987).

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.

Doe, SORB No. 203108 v. Sex Offender Registry Board

87 Mass. App. Ct. 313 · Massachusetts Appeals Court · May 5, 2015

See Doe, Sex Offender Registry Board No. 15606 v. Sex Offender Registry Board, 452 Mass. 784, 795 (2008) (Doe No. 15606). … See Smith v.

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).