Case law

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  • Quimby v. Zoning Board of Appeals of Arlington

    19 Mass. App. Ct. 1005 · Massachusetts Appeals Court · Mar 29, 1985

    On December 20, 1983, after hearing, the motion judge allowed the motion to dismiss “pursuant to footnote 3 of Kasper v. Board of Appeals of Watertown, 3 Mass. App. Ct. 251 (1975). … Reeves v. Board of Zoning Appeal of Cambridge, 16 Mass. App. Ct. 1011 , 1012 n.4 (1983), and cases cited.

    Cited 7 timesPublished
  • Aiello v. Planning Board of Braintree

    Massachusetts Appeals Court · Apr 14, 2017

    See also Martin v. … See Picard v.

    Cited 0 timesPublished
  • Town of Swansea v. Contributory Retirement Appeal Board

    43 Mass. App. Ct. 402 · Massachusetts Appeals Court · Aug 21, 1997

    See Board of Appeals of Rockport v. DeCarolis, 32 Mass. App. Ct. 348, 352-353 (1992), and cases cited. … In Bermant v.

    Cited 5 timesPublished
  • County of Norfolk v. Zoning Board of Appeals

    16 Mass. App. Ct. 930 · Massachusetts Appeals Court · Jun 20, 1983

    Board of Appeals of Lexington, supra at 442; see Marvin v. Board of Appeals of Medfield, 5 Mass. App. Ct. 772 (1977); Massachusetts Bread Co. v. Brice, 13 Mass. App. … Carr v. Board of Appeals of Saugus, 361 Mass. at 363 .

    Cited 7 timesPublished
  • Seekonk Collision Service, Inc. v. Board of Selectmen

    4 Mass. App. Ct. 701 · Massachusetts Appeals Court · Dec 17, 1976

    We therefore have examined the phrase to determine its meaning, as a question of law for this court, Salah v. Board of Appeals of Canton, 2 Mass. App. … See Shaw v. Harding, 306 Mass. 441, 449 (1940).

    Cited 3 timesPublished
  • Jermain v. Board of Regents of Higher Education

    23 Mass. App. Ct. 428 · Massachusetts Appeals Court · Jan 27, 1987

    See Debnam v. Belmont, 388 Mass. 632, 635-636 (1983); Nutter v. School Comm. of Lowell, 5 Mass. App. Ct. 77, 79-80 (1977); Jimenez v. Almodovar, 650 F.2d 363 , 368 &n.5 (1st Cir. 1981). Compare Breslin v. … See Regents of State Colleges v. Roth, 408 U.S. 564, 576-578 (1972); Perry v. Sinderman, 408 U.S. 593, 601-602 (1972); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 538-540 (1985); Barnett v.

    Cited 4 timesPublished
  • Castle Hill Apartments Ltd. Partnership v. Planning Board

    65 Mass. App. Ct. 840 · Massachusetts Appeals Court · Mar 31, 2006

    Co. v. Board of Appeals of Westwood, 23 Mass. App. … Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. at 31 & n.7.

    Cited 2 timesPublished
  • Ploski v. Zoning Board of Appeals of Somerset

    7 Mass. App. Ct. 874 · Massachusetts Appeals Court · Mar 8, 1979

    Gaunt v. Board of Appeals of Methuen, 327 Mass. 380, 381 (1951). Nigro v. Jones, 332 Mass. 741, 743 (1955). 2. … Compare Barnhart v. Board of Appeals of Scituate, 343 Mass. 455, 456 (1962); Planning Bd. of Watertown v. Board of Appeals of Watertown, 5 Mass. App. Ct. 833, 833-834 (1977); Costa v.

    Cited 4 timesPublished
  • Dial Away Co. v. Zoning Board of Appeals

    41 Mass. App. Ct. 165 · Massachusetts Appeals Court · Aug 21, 1996

    Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. at 20 ; Goldhirsh v. McNear, 32 Mass. App. Ct. at 456 ; Watros v. Greater Lynn Mental Health & Retardation Assoc., 37 Mass. App. … Dobbs v. Board of Appeals of Northampton, 339 Mass. 684, 686-687 (1959). See Mioduszewski v. Saugus, 337 Mass. 140, 145 (1958) (four-year cessation “may well have fatally interrupted” nonconforming use).

    Cited 10 timesPublished
  • Doe, SORB No. 203108 v. Sex Offender Registry Board

    89 Mass. App. Ct. 901 · Massachusetts Appeals Court · Jan 29, 2016

    L. c. 30A, § 14, affirming the administrative decision of the Sex Offender Registry Board (board) designating Doe No. 203108 (Doe) as a level three sex offender. See Doe, Sex Offender Registry Bd. No. 203108 v. … No. 380316 v.

    Cited 3 timesPublished
  • Trustees of Boston College v. Board of Aldermen

    58 Mass. App. Ct. 794 · Massachusetts Appeals Court · Aug 8, 2003

    The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. Ct. 19, 31 (1979), citing Sisters of the Holy Cross v. Brookline, 347 Mass. 486 , 494 (1964). … See The Bible Speaks v. Board of Appeals of Lenox, 8 Mass. App. Ct. at 32-33 .

    Cited 5 timesPublished
  • Gund v. Planning Board of Cambridge

    Massachusetts Appeals Court · Jul 19, 2017

    Titcomb v. Board of Appeals of Sandwich, supra at 730. … Compare Bruno v. Board of Appeals of Wrentham, 62 Mass. App.

    Cited 0 timesPublished
  • McLaughlin v. Zoning Board of Appeals of Duxbury

    Massachusetts Appeals Court · Jul 6, 2023

    8 v. … Arno v.

    Cited 0 timesPublished
  • Saisi v. Board of Trustees of State Colleges

    6 Mass. App. Ct. 949 · Massachusetts Appeals Court · Nov 30, 1978

    Osserman v. Jacobs, 369 Mass. 200 , 201 n.3 (1975). … Osserman v. Jacobs, 369 Mass. at 201 n.2. Dwight v. Dwight, 371 Mass. 424, 425-426 (1976).

    Cited 3 timesPublished
  • Paresky v. Board of Zoning Appeal of Cambridge

    19 Mass. App. Ct. 612 · Massachusetts Appeals Court · Apr 5, 1985

    See In re Gsand, 153 F.2d 1001, 1004-1006 (3d Cir. 1946); United States v. Gould, 301 F.2d 353, 357-358 (5th Cir., 1962); Griffin v. Kennedy, 344 F.2d 198 (D.C. Cir. 1965); Smith v. … See also Parrell v.

    Cited 7 timesPublished
  • Board of Selectmen v. Alcoholic Beverages Control Commission

    25 Mass. App. Ct. 470 · Massachusetts Appeals Court · Mar 11, 1988

    Cheney v. Coughlin, 201 Mass. 204, 207-209 (1909). New City Hotel Co. v. Alcoholic Beverages Control Commn., 347 Mass. 539, 542 (1964). Opinion of the Justices, 349 Mass. 794 , 798 (1965). … Largess v. Nore’s, Inc., 341 Mass. 438, 441-442 (1960). Selectmen of Barnstable v. Alcoholic Beverages Control Commn., 373 Mass. 708, 714-715 (1977). Compare Selectmen of Clinton v.

    Cited 5 timesPublished
  • Sturdy Memorial Foundation, Inc. v. Board of Assessors

    60 Mass. App. Ct. 573 · Massachusetts Appeals Court · Mar 4, 2004

    Found., Inc. v. … However, it can argue that the board’s general conclusion is inconsistent with or not supported by the board’s subsidiary findings. Children’s Hosp. Med. Center v. Assessors of Boston, 353 Mass. 35, 39 (1967).

    Cited 3 timesPublished
  • Stampfl v. ZONING BOARD OF APPEALS OF NORWOOD

    33 Mass. App. Ct. 354 · Massachusetts Appeals Court · Sep 30, 1992

    The Stampfls and Norwood's zoning board of appeals (board) appeal from a judgment of the Superior Court which, as we interpret it, requires the Stampfls, who *355 use the northerly portion of their lot for open storage of … The Stampfls cite Bellows Farms, Inc. v.

    Cited 3 timesPublished
  • Solar v. ZONING BOARD OF APPEALS OF LINCOLN

    33 Mass. App. Ct. 398 · Massachusetts Appeals Court · Oct 9, 1992

    Conditions of the type here in issue are not prohibited by G.L.c. 40A, § 9. [4] See Maki v. Yarmouth, 340 Mass. 207, 212-213 (1960); Shuman v. … Aldermen of *401 Newton, 361 Mass. 758 , 766-767 & n. 11 (1972); Hopengarten v. Board of Appeals of Lincoln, 17 Mass. App. Ct. 1006, 1007 (1984).

    Cited 1 timesPublished
  • Falcone v. ZONING BOARD OF APPEALS OF BROCKTON

    7 Mass. App. Ct. 710 · Massachusetts Appeals Court · Jun 5, 1979

    McCarthy v. Board of Appeals of Ashland, 354 Mass. 660, 663 (1968). Nyquist v. Board of Appeals of Acton, 359 Mass. 462, 465 (1971). … Smith v. Board of Appeals of Needham, 339 Mass. 399, 402 (1959). Nyquist v. Board of Appeals of Acton, supra .

    Cited 3 timesPublished

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