Case law

Cumberland Farms, Inc. v. Planning Board of Bourne

67 Mass. App. Ct. 67 · Massachusetts Appeals Court · Aug 8, 2006

In Cumberland Farms, Inc. v. Planning Bd. of Bourne, 56 Mass. App. … Board of Appeals of Northampton, 345 Mass. 158, 163 (1962). See Cape Resort Hotels, Inc. v. Alcoholic Lic. Bd. of Falmouth, 385 Mass. 205, 224-225 (1982); Balcam v. Hingham, 41 Mass. App. Ct. 260, 264 (1996).

S. Kemble Fischer Realty Trust v. Board of Appeals

9 Mass. App. Ct. 477 · Massachusetts Appeals Court · Mar 28, 1980

Co. v. … Pioneer Home Sponsors, Inc. v. Board of Appeals of Northampton, 1 Mass. App. Ct. 830, 831 (1973).

Ducharme v. Mobile Home Rent Control Board of Chicopee

Massachusetts Appeals Court · May 22, 2026

We also discern no error in the manner in which the board conducted its proceedings. See Zachs v. Department of Pub. … Lumiansky v.

First Main Street Corp. v. Board of Assessors

49 Mass. App. Ct. 25 · Massachusetts Appeals Court · Mar 23, 2000

We affirm the decision of the Appellate Tax Board that so held. 1. Facts. … Donovan v. Haverhill, 247 Mass. 69, 72 (1923). Crocker-McElwain Co. v. Assessors of Holyoke, 296 Mass. 338, 344-345 (1937). Boston v. Quincy Mkt. Cold Storage & Warehouse Co., 312 Mass. 638, 649 (1942). Sisk v.

John Donnelly & Sons, Inc. v. Outdoor Advertising Board

4 Mass. App. Ct. 847 · Massachusetts Appeals Court · Nov 2, 1976

Assuming, without deciding, that the full court might still vacate the order of dismissal (but see Crocker v. Crocker, 198 Mass. 401, 407-409 [1908]; Powers v. Sturtevant, 200 Mass. 519 [1909]; Boston v. … Santosuosso, 308 Mass. 189, 194 [1941]; Joyce v. George W.

Home-Like Apartments, Inc. v. Architectural Access Board

27 Mass. App. Ct. 851 · Massachusetts Appeals Court · Oct 25, 1989

The Adequacy of the Board’s Decision. Relying upon Winn v. Architectural Access Bd., 25 Mass. App. … Compare Winn v. Architectural Access Bd., 25 Mass. App. Ct. at 44-45 ; Pyramid Co. v. Architectural Barriers Bd., 403 Mass. at 130 . IV. Review of the Board’s Decision.

Town of Freetown v. Zoning Board of Appeals

33 Mass. App. Ct. 415 · Massachusetts Appeals Court · Oct 15, 1992

Brown, J. … Sheehan v. Commercial Travelers Mut. Acc. Assn, of America, 283 Mass. 543, 552 (1933), quoting from Boston Elev. Ry. v. Maryland Cas. Co., 232 Mass. 246, 252 (1919). See Gamache v. Mayor of N. Adams, 17 Mass. App.

Cumberland Farms, Inc. v. Planning Board

64 Mass. App. Ct. 902 · Massachusetts Appeals Court · Aug 16, 2005

The judge correctly reversed the action of West Bridgewater’s planning board refusing to endorse the plaintiff’s “perimeter plan” under G. … The plaintiff’s motivation, however, was irrelevant to the decision before the board, Long v. Board of Appeals of Falmouth, 32 Mass. App. Ct. 232, 236 (1992); Bisson v. Planning Bd. of Dover, 43 Mass. App.

81 Spooner Road, LLC v. Zoning Board of Appeals

78 Mass. App. Ct. 233 · Massachusetts Appeals Court · Nov 9, 2010

Fitch v. Board of Appeals of Concord, 55 Mass. App. Ct. 748, 751 (2002). … Assn. v. Board of Appeals of Melrose, 31 *241 Mass. App. Ct. 923, 924 (1991), citing Commonwealth v. S.S. Kresge Co., 267 Mass. 145, 148 (1929). See also Kurz v.

Three Registered Voters v. Board of Selectmen of Lynnfield

90 Mass. App. Ct. 15 · Massachusetts Appeals Court · Aug 12, 2016

Attorney Gen. v. … See Mole v. University of Mass., 442 Mass. 582, 603 n.18 (2004); Boston v. Commonwealth Employment Relations Bd., 453 Mass. 389, 402 n.11 (2009); Boston Edison Co. v.

Maurice Callahan & Sons, Inc. v. Outdoor Advertising Board

12 Mass. App. Ct. 536 · Massachusetts Appeals Court · Oct 28, 1981

Sections 29 and 30 concern the board’s power to regulate billboards, signs and other advertising devices, and make clear that the board does not have authority to regulate on-premises signs. See Attorney Gen. v. J.P. … John Donnelly & Sons v.

ANDOVER EDUCATION ASSOCIATION v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & Another.

Massachusetts Appeals Court · Sep 9, 2025

L. c. 211A, § 5, the union appealed the board's order directly to this court. 2. Standard of review. "An appeal from a decision of the board is governed by G. L. c. 30A, § 14." Newton v. … As those were the prohibitions applied by the board in this case, the board's decision that its findings did not violate the First Amendment is sound.[10] See Spicuzza v.

Amherst Growth Study Committee, Inc. v. Board of Appeals

1 Mass. App. Ct. 826 · Massachusetts Appeals Court · May 24, 1973

Godfrey v. Building Commr. of Boston, 263 Mass. 589, 590, 593 . See Sierra Club v. Morton, 405 U. S. 727, 739-740 . … Monsein, for the Board of Appeals of Amherst, was present but did not argue. Interlocutory decree affirmed. Final decree affirmed.

Curtin v. Board of Survey & Planning of Waltham

15 Mass. App. Ct. 978 · Massachusetts Appeals Court · Apr 1, 1983

The board rejected the'plaintiffs’ requests “because [they] had nothing to do with the petition,” took no action by way of a waiver of either of the last cited rules or regulations (contrast Lyman v. … See Wheatley v. Planning Bd. of Hingham, 7 Mass. App. Ct. 435, 449-450 (1979); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 808-811 (1981).

Hutner v. Cape Codder Condominium Board of Trustees

52 Mass. App. Ct. 429 · Massachusetts Appeals Court · Aug 31, 2001

This case is closely related to Bernstein v. Chief Bldg. Inspector & Bldg. Commr. of Falmouth, ante 422 (2001). … See Flynn v. Contributory Retirement Appeal Bd., 17 Mass. App. Ct. 668, 669 (1984); Wolbach v. Beckett, 20 Mass. App. Ct. 302, 308 (1985). Judgment affirmed.

Crooker v. Chairman of the Massachusetts Parole Board

38 Mass. App. Ct. 915 · Massachusetts Appeals Court · Jan 27, 1995

Crooker filed an action in the Superior Court seeking declaratory and injunctive relief against the Massachusetts Parole Board (board). … See Pina v. Superintendent, M.C.I., Walpole, 376 Mass. at 666 .

Holliston Sportsmen's Ass'n v. Planning Board of Holliston

15 Mass. App. Ct. 977 · Massachusetts Appeals Court · Mar 31, 1983

Citron, 372 Mass. 96, 97-98,104 (1977), and Whitinsville Plaza, Inc. v. Kotseas, 378 Mass. 85, 87, 89 (1979). … See Kuklinska v. Planning Bd. of Wakefield, 357 Mass. 123, 129 (1970). Russell Lawrence Chin for the plaintiff. Kevin L. O’Brien for Lenmar Builders, Inc. William H. Clancy for Planning Board of Holliston.

Town of Eastham v. Barnstable County Retirement Board

52 Mass. App. Ct. 734 · Massachusetts Appeals Court · Oct 5, 2001

See Pevey v. … See Retirement Bd. of Attleboro v.

Massachusetts Board of Higher Education v. Massachusetts Teachers Ass'n

79 Mass. App. Ct. 27 · Massachusetts Appeals Court · Mar 11, 2011

Board of Higher Educ. v. Massachusetts Teachers Assn., NEA, 62 Mass. App. Ct. 42,47 (2004), citing School Comm. *32 of W. Springfield v. Korbut, 373 Mass. 788, 792 (1977). See G. … Section 22 delegates such decisions to the respective college’s board of trustees, although — as was the case here — the decisions are in practice carried out by the college’s president and his delegees subject to the board

Hobbs Brook Farm Property Co. v. Planning Board

48 Mass. App. Ct. 403 · Massachusetts Appeals Court · Jan 4, 2000

See Gallitano v. Board of Survey & Planning of Waltham, 10 Mass. App. Ct. 269, 272-273 (1980); Hutchinson v. Planning Bd. of Hingham, 23 Mass. App. Ct. 416, 418-421 (1987); Sturdy v. Planning Bd. of Hingham, 32 Mass. … The planning board acted beyond its authority, and the judgment entered in the Land Court rightly remanded the matter to the planning board for endorsement of the submitted ANR plan. Judgment affirmed. See Gates v.