Case law

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  • H-C Health Services, Inc. v. Board of Assessors

    42 Mass. App. Ct. 596 · Massachusetts Appeals Court · May 12, 1997

    It is substance, not form, that counts, see Brown, Rudnick, Freed & Gesmer v. … Decision of the Appellate Tax Board affirmed.

    Cited 10 timesPublished
  • Boulter Brothers Construction Co. v. Zoning Board of Appeals

    45 Mass. App. Ct. 283 · Massachusetts Appeals Court · Aug 5, 1998

    Compare Brookline v. … Shawmut Community Bank, N.A. v. Zagami, 411 Mass. 807, 811 (1992). We do not take judicial notice of zoning by-laws. Ploski v. Zoning Board of Appeals of Somerset, 7 Mass. App. Ct. 874, 875 (1979).

    Cited 8 timesPublished
  • Mary Ann Morse Healthcare Corp. v. Board of Assessors

    74 Mass. App. Ct. 701 · Massachusetts Appeals Court · Jul 27, 2009

    We review the board’s decision for errors of law. See South St. Nominee Trust v. Assessors of Carlisle, 70 Mass. App. Ct. 853, 855-856 (2007), and cases cited. … Although the board’s report was promulgated on August 19, 2008, some five weeks after the Supreme Judicial Court issued its decision in the case of New Habitat, Inc. v.

    Cited 2 timesPublished
  • Russell Block Associates v. Board of Assessors of Worcester

    88 Mass. App. Ct. 351 · Massachusetts Appeals Court · Sep 16, 2015

    BOARD OF ASSESSORS OF WORCESTER. No. 14-P-283. Suffolk. November 10, 2014. - September 16, 2015. Present: Rubin, Brown, & Maldonado, JJ. … Appeal from a decision of the Appellate Tax Board. John F. O'Day, Jr., Assistant City Solicitor, for board of assessors of Worcester. Daniel I. Cotton for the taxpayer. BROWN, J.

    Cited 0 timesPublished
  • SAMUEL D. PERRY v. BOARD OF APPEAL OF BOSTON & another.

    100 Mass. App. Ct. 138 · Massachusetts Appeals Court · Aug 18, 2021

    See also KCI Mgt., Inc. v. Board of Appeal of Boston, 54 Mass. App. Ct. 254 , 260 n.8 (2002). … Partnership v. Board of Appeals of Shirley, 461 Mass. 469, 477 (2012), quoting Connors v. Annino, 460 Mass. 790, 796 (2011).

    Cited 2 timesPublished
  • Salem & Beverly Water Supply Board v. Commissioner of Revenue

    26 Mass. App. Ct. 74 · Massachusetts Appeals Court · May 26, 1988

    Boston Housing Authy. v. Labor Relations Commn., 398 Mass. 715 , 719 (1986). Also see Warr v. … Keniston v. Assessors of Boston, supra. See also Sudbury v.

    Cited 4 timesPublished
  • Comstock v. Zoning Board of Appeals of Gloucester

    Massachusetts Appeals Court · Aug 3, 2020

    See Marinelli v. Board of Appeals of Stoughton, 65 Mass. App. … Bjorklund v.

    Cited 0 timesPublished
  • Superintendent of Public Works v. Attleboro Contributory Retirement Board

    38 Mass. App. Ct. 130 · Massachusetts Appeals Court · Feb 10, 1995

    Campana v. Board of Directors of the Mass. Hous. Fin. Agency, 399 Mass. at 502 n.20. … Bagley v. Contributory Retirement Appeal Bd., 397 Mass. 255, 258-259 (1986). Campana v. Board of Directors of the Mass. Hous. Fin. Agency, 399 Mass. at 503.

    Cited 6 timesPublished
  • Board of Appeals of Dedham v. Corporation Tifereth Israel

    7 Mass. App. Ct. 876 · Massachusetts Appeals Court · Mar 9, 1979

    Pendergast v. Board of Appeals of Barnstable, supra at 557-558. It is for the board alone to determine whether a permit should be granted with or without the condition. Gulf Oil Corp. v. … Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969). Copley v. Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973). See also Kiss v. Board of Appeals of Longmeadow, 371 Mass. 147, 158 (1976).

    Cited 4 timesPublished
  • Walpole Country Club v. Board of Health of Sharon

    72 Mass. App. Ct. 913 · Massachusetts Appeals Court · Oct 2, 2008

    Higby/Fulton Vineyard, LLC v. Board of Health of Tisbury, 70 Mass. App. Ct. 848, 852 (2007), quoting from Police Commr. of Boston v. Robinson, 47 Mass. App. Ct. 767, 770 (1999). Arthur P. Kreiger for the plaintiffs. J. … See Friedman v. Conservation Commn. of Edgartown, 62 Mass. App. Ct. at 543 ; Higby/Fulton Vineyard, LLC v. Board of Health of Tisbury, 70 Mass. App. Ct. at 851 . See also Butler v. Waltham, 63 Mass. App.

    Cited 2 timesPublished
  • Johnson v. Witkowski

    30 Mass. App. Ct. 697 · Massachusetts Appeals Court · Jun 19, 1991

    There was no evidence of express authority by the board to guarantee any amount over $500,000, and the inherent authority of corporate officers in Massachusetts is extremely limited. See Kelly v. Citizens Fin. … Brown and Frederick J.

    Cited 61 timesPublished
  • Buccaneer Development, Inc. v. Zoning Board of Appeals of Lenox

    87 Mass. App. Ct. 871 · Massachusetts Appeals Court · Aug 11, 2015

    Board of Appeals of Canton, 8 Mass. App. Ct. at 488 . This case is unlike MacGibbon v. … Partnership v. Board of Appeals of Shirley, 461 Mass. 469, 485 (2012) (board failed “to apply its own standards *876 rationally”).

    Cited 6 timesPublished
  • Berkshire Power Development, Inc. v. Zoning Board of Appeals

    43 Mass. App. Ct. 828 · Massachusetts Appeals Court · Nov 19, 1997

    Fitzsimonds v. Board of Appeals of Chatham, 21 Mass. App. Ct. 53, 57 (1985). … See MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 637-638 (1970). See also Manning v. Boston Redev. Authy., supra at 453. To these forceful arguments we add (i) Woods v.

    Cited 5 timesPublished
  • Veolia Energy Boston, Inc. v. Board of Assessors of Boston

    95 Mass. App. Ct. 26 · Massachusetts Appeals Court · Mar 8, 2019

    of Brookline v. … See also MacDonald v.

    Cited 2 timesPublished
  • Athanasiou v. Board of Selectmen of Westhampton

    Massachusetts Appeals Court · Aug 22, 2017

    See Boothroyd v. Bogartz, 68 Mass. App. Ct. 40, 44 (2007). … Similarly, in McLaughlin v. Marblehead, 68 Mass. App.

    Cited 0 timesPublished
  • Yerardi's Moody Street Restaurant & Lounge, Inc. v. Board of Selectmen

    19 Mass. App. Ct. 296 · Massachusetts Appeals Court · Jan 31, 1985

    See Milligan v. … Ewing v.

    Cited 52 timesPublished
  • Ka-Hur Enterprises, Inc. v. Zoning Board of Appeals

    40 Mass. App. Ct. 71 · Massachusetts Appeals Court · Feb 21, 1996

    See Emond v. Board of Appeals of Uxbridge, 27 Mass. App. Ct. 630, 634 (1989). … Bartlett v. Board of Appeals of Lakeville, 23 Mass. App. Ct. at 668-670 . Compare Derby Refining Co. v.

    Cited 4 timesPublished
  • Lasell Village, Inc. v. Board of Assessors of Newton

    67 Mass. App. Ct. 414 · Massachusetts Appeals Court · Sep 21, 2006

    Soc. v. … See New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 466 (1981); Tennessee Gas Pipeline Co. v. Assessors of Agawam, 428 Mass. 261, 262 (1998). 3. The board’s decision.

    Cited 3 timesPublished
  • RicMer Properties, Inc. v. Board of Health of Revere

    59 Mass. App. Ct. 173 · Massachusetts Appeals Court · Sep 5, 2003

    TBI, Inc. v. Board of Health of N. … TBI, Inc. v. Board of Health of N. Andover, supra at 14-15.

    Cited 2 timesPublished
  • Lovaco, Inc. v. Zoning Board of Appeals of Attleboro

    23 Mass. App. Ct. 239 · Massachusetts Appeals Court · Dec 4, 1986

    Ry. v. … Ploski v. Zoning Bd. of Appeals of Somerset, 7 Mass. App. Ct. 874, 875 (1979). Board of Appeals of Dedham v. Corporation Tifereth Israel, 7 Mass. App. Ct. 876 (1979). Selectmen of Stockbridge v.

    Cited 6 timesPublished

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