Case law

Opinions from 1658 to today.

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  • Harbor Schools v. Board of Appeals of Haverhill

    5 Mass. App. Ct. 600 · Massachusetts Appeals Court · Aug 19, 1977

    L. c. 40A, § 21, from the decision of the board of appeals of Haverhill (board), revoking a building permit (G. … Armstrong v.

    Cited 11 timesPublished
  • Lord v. Zoning Board of Appeals of Somerset

    30 Mass. App. Ct. 226 · Massachusetts Appeals Court · Mar 8, 1991

    The plaintiff appeals from a judgment sustaining the board’s denial of such a permit. There is nothing to that aspect of the appeal. See Zaltman v. Board of Appeals of Stoneham, 357 Mass. 482, 484 (1970); Copley v. … Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973); Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486-488 (1979); Schiffone v. Zoning Bd. of Appeals of Walpole, 28 Mass. App.

    Cited 15 timesPublished
  • Trustees of Boston University v. Board of Assessors

    11 Mass. App. Ct. 325 · Massachusetts Appeals Court · Feb 9, 1981

    The Appellate Tax Board (board) heard appeals (under G. … Silverman v. Wedge, 339 Mass. 244, 245 (1959). See Board of Appeals of Hanover v.

    Cited 7 timesPublished
  • APT Asset Management, Inc. v. Board of Appeals

    50 Mass. App. Ct. 133 · Massachusetts Appeals Court · Sep 27, 2000

    See Henry v. Board of Appeals of Dunstable, 418 Mass. 841, 845 (1994); Old Colony Council — Boy Scouts of America v. Zoning Bd. of Appeals of Plymouth, 31 Mass. App. Ct. 46, 48 (1991). … See, e.g., CHR Gen., Inc. v.

    Cited 14 timesPublished
  • Perisho v. Board of Health of Stow

    Massachusetts Appeals Court · Dec 13, 2023

    Higby/Fulton Vineyard, LLC v. Board of Health of Tisbury, 70 Mass. App. Ct. 848, 850 (2007). See Hickey v. Conservation Comm'n of Dennis, 93 Mass. App. Ct. 655, 657 (2018). … Revere v.

    Cited 0 timesPublished
  • Landers v. Board of Appeals of Falmouth

    31 Mass. App. Ct. 939 · Massachusetts Appeals Court · Oct 24, 1991

    Board of Appeals of Brookline, 362 Mass. 290, 295 (1972); DiGiovanni v. Board of Appeals of Rockport, 19 Mass. App. Ct. 339, 348 (1985); Crittenton Hastings House of the Florence Crittenton League v. … References in the board’s decision to the commercial use of the property are made by way of description of the entire project under consideration by the board (see Board of Appeals of Hanover v.

    Cited 1 timesPublished
  • CLAUDIA MURROW v. BOARD OF ASSESSORS OF BOSTON.

    102 Mass. App. Ct. 278 · Massachusetts Appeals Court · Feb 6, 2023

    Ct. 346 , 353 (2020), quoting Genentech, Inc. v. Commissioner of Revenue, 476 Mass. 258, 261 (2017). Because the facts here are undisputed, we only consider whether the board correctly interpreted the law. See Rauseo v. … [Note 5] See Boston Gas Co. v. Assessors of Boston, 458 Mass. 715, 717 (2011). Decision of the Appellate Tax Board affirmed.

    Cited 175 timesPublished
  • Chwaliszewski v. Board of Appeals of Lynnfield

    29 Mass. App. Ct. 247 · Massachusetts Appeals Court · Sep 19, 1990

    See Framingham Clinic, Inc. v. Zoning Board of Appeals of Framingham, 382 Mass. 283, 290 (1981), citing Kurz v. Board of Appeals of N. Reading, 341 Mass. 110, 112 (1960). … Haas v. Breton, 377 Mass. 591, 595 (1979). See also Framingham Clinic, Inc. v. Board of Appeals of Framingham, 382 Mass. 283, 290 (1981).

    Cited 1 timesPublished
  • Yankee Advertising Co. v. Outdoor Advertising Board

    18 Mass. App. Ct. 225 · Massachusetts Appeals Court · Jun 8, 1984

    On October 3, 1978, the Outdoor Advertising Board (board) (G. L. c. 16, § 14; c. 93, §§ 29-33) rendered a summary decision (see Maurice Callahan & Sons v. Outdoor Advertising Bd., 12 Mass. App. … See John Donnelly & Sons v. Outdoor Advertising Bd., 361 Mass. 746, 748-753 (1972) (Avon); John Donnelly & Sons v. Outdoor Advertising Bd., 369 Mass. 206, 209-215 (1975) (Brookline); Millbury v.

    Cited 1 timesPublished
  • Board of Higher Education v. Massachusetts Teachers Ass'n

    62 Mass. App. Ct. 42 · Massachusetts Appeals Court · Sep 15, 2004

    In HECC v. … In HECC v.

    Cited 8 timesPublished
  • Kearns v. State Board of Retirement

    82 Mass. App. Ct. 682 · Massachusetts Appeals Court · Oct 19, 2012

    The State Board of Retirement (board) appeals from a judgment on the pleadings entered in the Superior Court reversing a decision of the Contributory Retirement Appeal Board (CRAB). … Plymouth v. Civil Serv. Commn., 426 Mass. 1, 5 (1997). We begin with the relevant statutory language. See Leary v. Contributory Retirement Appeal Bd., 421 Mass. 344, 345-346 (1995), quoting from Hoffman v.

    Cited 0 timesPublished
  • Turners Falls Ltd. Partnership v. Board of Assessors

    54 Mass. App. Ct. 732 · Massachusetts Appeals Court · May 14, 2002

    The board may take some direction from cases such as Boston Edison Co. v. … That tardiness deprived the board of jurisdiction over the fiscal 1997 appeal. See Roda Realty Trust v. Assessors of Belmont, 385 Mass. 493, 495 (1982); Guzman v. Assessors of Oxford, 24 *734 Mass. App.

    Cited 11 timesPublished
  • Steamboat Realty, LLC v. Zoning Board of Appeal

    70 Mass. App. Ct. 601 · Massachusetts Appeals Court · Oct 30, 2007

    Brown, J. … Damaskos v. Board of Appeal of Boston, 359 Mass. 55, 62 (1971).

    Cited 7 timesPublished
  • Patenaude v. Zoning Board of Appeals of Dracut

    82 Mass. App. Ct. 914 · Massachusetts Appeals Court · Nov 28, 2012

    Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 531 (1990). … of the board.

    Cited 1 timesPublished
  • Central Street, LLC v. Zoning Board of Appeals

    69 Mass. App. Ct. 487 · Massachusetts Appeals Court · Jun 29, 2007

    See Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 430-431 (1949); Standerwick v. Zoning Bd. of Appeals of Andover, 447 Mass. 20, 27-28 (2006).” Choate v. Zoning Bd. … Standerwick v. Zoning Bd. of Appeals of Andover, supra at 31-32. See Tsagro-nis v. Board of Appeals of Wareham, 33 Mass. App.

    Cited 5 timesPublished
  • Lakeside Builders, Inc. v. Planning Board of Franklin

    56 Mass. App. Ct. 842 · Massachusetts Appeals Court · Dec 27, 2002

    Ct. 349, 355 (2001), quoting from Roberts v. Southwestern Bell Mobile Sys., Inc., 429 Mass. 478, 486 (1999). The burden of proof is on the party challenging a planning board’s action. Selectmen of Ayer v. … See Bicknell Realty Co. v. Board of Appeal of Boston, 330 Mass. 676, 679 (1953); Rettig v. Planning Bd. of Rowley, 332 Mass. 476, 478-479 (1955).

    Cited 6 timesPublished
  • Heald v. Zoning Board of Appeals of Greenfield

    7 Mass. App. Ct. 286 · Massachusetts Appeals Court · Mar 23, 1979

    Vetter v. Zoning Board of Appeal of Attleboro, 330 Mass. 628, 630 (1953). Vassalotti v. Board of Appeals of Sudbury, 348 Mass. 658, 661 (1965). Gaudet v. Building Inspector of Dracut, 358 Mass. 807, 808 (1970). … Lindsay v. Board of Appeals of Milton, supra at 131.

    Cited 9 timesPublished
  • CITY OF NEWTON v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & another.

    100 Mass. App. Ct. 574 · Massachusetts Appeals Court · Dec 30, 2021

    Although we "accord deference to the [board's] specialized knowledge and expertise, and to its interpretation of the applicable statutory provisions," Worcester v. … Local 346, Int'l Bhd. of Police Officers v.

    Cited 3 timesPublished
  • Pioneer Home Sponsors, Inc. v. Board of Appeals

    1 Mass. App. Ct. 830 · Massachusetts Appeals Court · Jun 13, 1973

    L. c. 40A, § 4, and said § 12(f) the board’s power is discretionary (Josephs v. … Board of Appeals of Framingham, 355 Mass. 275, 277-278 ; Zaltman v. Board of Appeals of Stoneham, 357 Mass. 482, 484 ).

    Cited 7 timesPublished
  • K. Hovnanian at Taunton, Inc. v. Planning Board

    32 Mass. App. Ct. 480 · Massachusetts Appeals Court · May 4, 1992

    Subdivision plans must comply with reasonable recommendations of the board of health. United Reis Homes, Inc. v. Planning Bd. of Natick, 359 Mass. 621, 623 (1971). Independence Park, Inc. v. … into conformity with the recommendations of the board of health. 7 See Loring Hills Developers Trust v.

    Cited 9 timesPublished

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