Case law

Zoning Board of Appeals v. Housing Appeals Committee

76 Mass. App. Ct. 467 · Massachusetts Appeals Court · Mar 18, 2010

See Boothroyd v. … Collamore v. Office of Campaign & Political Fin., 67 Mass. App. Ct. 315, 322 (2006). See Morris v. Board of Registration in Med., 405 Mass. 103, 111 , cert. denied, 493 U.S. 977 (1989).

Willowdale LLC v. Board of Assessors of Topsfield

78 Mass. App. Ct. 767 · Massachusetts Appeals Court · Feb 16, 2011

Compare Cabot v. … See Goldberg v. Board of Health of Granby, 444 Mass. 627, 633 (2005) (deference given to expertise and statutory interpretation of agency charged with administrating the statute).

Sturdy Memorial Foundation, Inc. v. Board of Assessors

47 Mass. App. Ct. 519 · Massachusetts Appeals Court · Aug 3, 1999

Community Health Plan, Inc. v. … Center v. Assessors of Boston , 353 Mass, at 44.

Johnson v. Board of Appeals of Andover

78 Mass. App. Ct. 292 · Massachusetts Appeals Court · Nov 22, 2010

Adamowicz v. Ipswich, 395 Mass. 757, 758 (1985). … See Carabetta v. Board of Appeals of Truro, 73 Mass. App. Ct. 266 , 268-269 & n.8 (2008) (merger doctrine incorporated in statutory grandfather provision).

JAMES BARROS & Another v. SELECT BOARD OF NANTUCKET & Others.

Massachusetts Appeals Court · Aug 19, 2025

See Shak v. Shak, 484 Mass. 658, 661 (2020). We are guided by Barron v. Kolenda, 491 Mass. 408 (2023), which addressed a citizen's free speech rights at a meeting of a town board of selectmen. … We are skeptical that the board is a proper defendant for such a claim, see Howcroft v. Peabody, 51 Mass. App.

Rosenfeld v. Zoning Board of Appeals of Mendon

78 Mass. App. Ct. 677 · Massachusetts Appeals Court · Jan 28, 2011

Bateman v. Board of Appeals of Georgetown, 56 Mass. App. Ct. 236, 243 (2002), quoting from Steege v. Board of Appeals of Stow, 26 Mass. App. Ct. 970, 972 (1988). … e.g., Kirkwood v.

Elio v. Zoning Board of Appeals of Barnstable

55 Mass. App. Ct. 424 · Massachusetts Appeals Court · Jul 11, 2002

See Hogan v. Hayes, supra at 402-403 ; Worcester County Christian Communications, Inc. v. Board of Appeals of Spencer, supra at 85-86. … Board of Appeals of Northampton, 345 Mass. 158, 163 (1962), quoting from V. F. Zahodiakin Engr. Corp. v.

Kanavos v. Hancock Bank & Trust Co.

14 Mass. App. Ct. 326 · Massachusetts Appeals Court · Aug 23, 1982

This amendment was negotiated for the Bank entirely by Brown; Brown signed it; Kelley played no part in connection with the amendment; and neither the board of directors of the Bank, nor any committee of the board, were in … , or any step which, in the business context, was so major or unusual that a businessman in Brown’s position would reasonably expect to require a vote of the board of directors.

Davenport v. Planning Board of Dennis

76 Mass. App. Ct. 221 · Massachusetts Appeals Court · Feb 1, 2010

Brown, J. DeWitt P. … Owens v. Board of Appeals of Belmont, 11 Mass. App. Ct. 994, 995 (1981).

Cohasset Heights, Ltd. v. Zoning Board of Appeals

53 Mass. App. Ct. 116 · Massachusetts Appeals Court · Oct 29, 2001

See Smith v. Board of Appeals of Brookline, 366 Mass. 197 (1974). The building permit provided no authority to build or occupy the structure in question while the case was on remand. … The board’s decision was affirmed on appeal and later upheld by this court in Cohasset Heights, Ltd. v. Zoning Board of Appeals of Cohasset, 25 Mass. App. Ct. 1116 (1988).

Shirley Wayside Ltd. Partnership v. Board of Appeals

78 Mass. App. Ct. 19 · Massachusetts Appeals Court · Oct 6, 2010

Id. at 73 , quoting from APT Asset Mgmt., Inc. v. Board of Appeals of Melrose, 50 Mass. App. Ct. 133, 138 (2000). … See Copley v. Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973); Dowd v. Board of Appeals of Dover, 5 Mass. App. Ct. 148, 154 (1977); Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App.

Board of Assessors v. Bridgewater State University Foundation

79 Mass. App. Ct. 637 · Massachusetts Appeals Court · Jun 7, 2011

“We review decisions of the board for errors of law. . . . Findings of fact by the board must be supported by substantial evidence.” Middlesex Retirement Sys., LLC v. … “In reviewing mixed questions of fact and law, the board’s expertise in tax matters must be recognized, and its decisions are due ‘some deference.’ ” Koch v.

Board of Selectmen v. Alcoholic Beverages Control Commission

17 Mass. App. Ct. 905 · Massachusetts Appeals Court · Oct 28, 1983

Boylston Water Dist. v. Tahanto Reg. Sch. Dist., 353 Mass. 81, 84 (1967). Cole v. Brookline Housing Authy., 4 Mass. App. Ct. 705, 708 (1976). See also Largess v. … See Norway Cafe, Inc. v. Alcoholic Bev. Control Commn., 7 Mass. App. Ct. 37, 39 (1979). Compare M.H. Gordon & Son v. Alcoholic Bev.

Commonwealth v. Andrew Brown.

Massachusetts Appeals Court · Aug 14, 2024

ANDREW BROWN. … Commonwealth v. Freeman, 352 Mass. 556, 564 (1967). See Commonwealth v.

Doe, SORB No. 474362 v. Sex Offender Registry Board

94 Mass. App. Ct. 52 · Massachusetts Appeals Court · Sep 19, 2018

Board, and Laurie Myers, individually and in her capacity as executive director of the Sex Offender Registry Board.  2 Carrie Benedon, Assistant … The plaintiffs filed this action in 2015 challenging a now-discontinued practice of the Sex Offender Registry Board (SORB or board), under which SORB published the criminal history and identifying information of adjudicated

Boston Licensing Board v. Alcoholic Beverages Control Commission

26 Mass. App. Ct. 275 · Massachusetts Appeals Court · Aug 9, 1988

Largess v. Nore’s, Inc., 341 Mass. 438, 442 (1960). Ferris v. Selectmen of Norwell, 344 Mass. 757 (1962). Dixie’s Bar, Inc. v. Boston Licensing Bd., 357 Mass. 699, 702-703 (1970). Selectmen of Sudbury v. … Contrast, as to a license suspension, Selectmen of Clinton v. Alcoholic Beverages Control Commn., 17 Mass. App. Ct. 905 (1983).

Doe, SORB No. 376575 v. Sex Offender Registry Board

90 Mass. App. Ct. 786 · Massachusetts Appeals Court · Dec 22, 2016

The board moved for reconsideration, which the judge denied. In 2015, the Supreme Judicial Court issued its decision in Doe, Sex Offender Registry Bd. No. 34186 v. … Id. at 618, citing Commonwealth v.

Racette v. Zoning Board of Appeals of Gardner

27 Mass. App. Ct. 617 · Massachusetts Appeals Court · Jul 26, 1989

Board of Appeals of Hingham, 13 Mass. App. Ct. 103, 108 (1982). Compare Zuckerman v. Zoning Bd. of Appeals of Greenfield, 394 Mass. 663, 665-667 (1985); Cameron v. Board of Appeals of Yarmouth, 23 Mass. App. … L. c. 40A, § 15, “is to induce the board to act promptly,” Capone v.

Wyman v. Zoning Board of Appeals of Grafton

47 Mass. App. Ct. 635 · Massachusetts Appeals Court · Aug 26, 1999

Beacon Hill Civic Assn. v. Ristorante Toscano, Inc., 422 Mass. 318, 320-324 (1996). … L. c. 40A, § 1A, the “permit granting authority” is the board of appeals or zoning administrator. Neuhaus v. Building Inpsector of Marlborough, 11 Mass. App. Ct. 230 , 232 n.8 (1981).

Fire Chief v. State Building Code Appeals Board

34 Mass. App. Ct. 381 · Massachusetts Appeals Court · Apr 27, 1993

Manning v. Boston Redev. Authy., 400 Mass. 444, 453 (1987). Worcester Sand & Gravel Co. v. Board of Fire Prevention Regulations, 400 Mass. 464, 466 (1987). That principle, of course, is one of deference, not abdication. … Figueiredo v. Rent Control Bd. of Cambridge, 26 Mass. App. Ct. 661, 664 (1988).