Case law

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  • Nercessian v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

    46 Mass. App. Ct. 766 · Massachusetts Appeals Court · May 14, 1999

    Compare Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 251-252 (1966). … See Merisme v. Board of Appeals on Motor Vehicle Liab.

    Cited 8 timesPublished
  • Juergens v. Venture Capital Corp.

    1 Mass. App. Ct. 274 · Massachusetts Appeals Court · May 2, 1973

    Conde Nast Press, Inc. v. Cornhill Publishing Co. 255 Mass. 480, 485 . H. H. Brown Shoe Co. v. H. C. Brown Co. Inc. 258 Mass. 343, 347 . Lonergan v. Highland Trust Co. 287 Mass. 550, 557-558 . … Beacon Trust Co. v. Souther, 183 Mass. 413, 415-417 . Sarna v. American Bosch Magneto Corp. 290 Mass. 340, 343 . Air Technical Dev. Co. Inc. v. Arizona Bank, 101 Ariz. 70, 73 . Fletcher, Cyc.

    Cited 17 timesPublished
  • Great Atlantic & Pacific Tea Co. v. Board of License Commissioners

    13 Mass. App. Ct. 268 · Massachusetts Appeals Court · Mar 9, 1982

    While the board was not bound to follow that recommendation, it was obliged to consider it along with the other information received at the hearings. See Dixie’s Bar, Inc. v. … Dixie’s Bar, Inc. v. Boston Licensing Bd., supra at 702.

    Cited 1 timesPublished
  • Jewish Geriatric Services, Inc. v. Board of Assessors of Longmeadow

    61 Mass. App. Ct. 73 · Massachusetts Appeals Court · Apr 30, 2004

    to the Appellate Tax Board (board) pursuant to G. … We summarize the facts, as they occurred during the tax years in question, from the board’s carefully written findings of fact and report, which are all supported by substantial evidence. 3 See Donlon v.

    Cited 1 timesPublished
  • Burke v. Board of Appeal on Motor Vehicle Liability Polices and Bonds

    90 Mass. App. Ct. 203 · Massachusetts Appeals Court · Sep 12, 2016

    Scheffler v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 84 Mass. App. Ct. 904, 906 (2013). 2. Statutory interpretation. … See, e.g., Callahan v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 90 Mass. App. Ct.

    Cited 7 timesPublished
  • Holland Brands SB, LLC v. Board of Appeal of Boston

    Massachusetts Appeals Court · Feb 16, 2024

    Co. of Am. v. Board of Appeals of Westwood, 18 Mass. App. … Broadway LLC v. Board of Appeal of Boston, 90 Mass. App. Ct. 68, 73 (2016).

    Cited 0 timesPublished
  • Spinnaker Island & Yacht Club Holding Trust v. Board of Assessors

    49 Mass. App. Ct. 20 · Massachusetts Appeals Court · Mar 23, 2000

    Condominium Assn. v. … The decision of the Appellate Tax Board is affirmed. So ordered. The second case, First Main St. Corp. v. Assessors of Acton, is reported post 25 (2000).

    Cited 1 timesPublished
  • Breslin v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

    70 Mass. App. Ct. 131 · Massachusetts Appeals Court · Sep 12, 2007

    Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 382 Mass. 580, 585 (1981), quoting from Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513 (1975). … Marshall v. Registrar of Motor Vehicles, 324 Mass. 468, 469 (1949). See Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, supra at 584.

    Cited 4 timesPublished
  • Yazbek v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

    41 Mass. App. Ct. 915 · Massachusetts Appeals Court · Sep 20, 1996

    Embodied in the board’s regulations establishing standards of fault to be used in determining the application of surcharges are several rebuttable presumptions. See DiLoreto v. Fireman’s Fund Ins. … It was within the board’s discretion to disbelieve the insureds’ versions of the collisions, see Embers of Salisbury, Inc. v. Alcoholic Bev.

    Cited 9 timesPublished
  • Robert E. McDonough v. Whalen

    1 Mass. App. Ct. 573 · Massachusetts Appeals Court · Dec 4, 1973

    Ltd., supra, at 96; Restatement 2d: Torts, §§ 323, 324A, 395-408; Harper & James, Torts, § 28.9) orto property (Brown v. Bigelow, 325 Mass. 4 [1949]). … Ltd. and Brown v. Bigelow , both supra. Two later cases, Spencer v. Gabriel, 328 Mass. 1 (1951), and Donahue v.

    Reversed on other grounds by McDonough v. Whalen, 365 Mass. 506 (1974)Cited 6 timesPublished
  • Medlock v. Board of Trustees of the University of Massachusetts

    31 Mass. App. Ct. 495 · Massachusetts Appeals Court · Oct 28, 1991

    See International Primate Protection League v. … See Archambault v. Archambault, 407 Mass. 559, 564-565 (1990), quoting from Louisiana Pub. Serv. Commn. v. FCC, 476 U.S. 355, 368, 369 (1986), and Schneidewind v. ANR Pipeline Co., 485 U.S. 293, 299 (1988).

    Cited 1 timesPublished
  • Melrose-Wakefield Hospital Ass'n v. Board of Appeals of Melrose

    31 Mass. App. Ct. 923 · Massachusetts Appeals Court · Aug 28, 1991

    See Commonwealth v. S.S. Kresge Co., 267 Mass. 145, 148 (1929); Kurz v. Board of Appeals of N. Reading, 341 Mass. 110, 112 (1960). … Hebb v. Lamport, 4 Mass. App. Ct. 202, 207 (1976). Brian M. Hurley for the plaintiffs. Shelley M. Draper for Kenneth Meharg. John T. Cinella, Jr. (Myra S. Lyons with him) for Board of Appeals of Melrose.

    Cited 1 timesPublished
  • Murphy's Case

    53 Mass. App. Ct. 424 · Massachusetts Appeals Court · Dec 20, 2001

    L. c. 152, § 10[1]); Brown v. Highland House Apartments, 12 Mass. Workers’ Comp. … However, although workers’ compensation law has authorized recoupment of monies paid, such payment appears to be a matter of discretion, see Brown v. Highland House Apartments, 12 Mass. Workers’ Comp.

    Cited 4 timesPublished
  • Stop & Shop Companies, Inc. v. Board of Registration in Pharmacy

    15 Mass. App. Ct. 1005 · Massachusetts Appeals Court · May 3, 1983

    See Nader v. Citron, 372 Mass. 96, 104 (1977); Santana v. Registrars of Voters of Worcester, 384 Mass. 487, 491 (1981). 2. … Because of its ongoing involvement with the board in the licensing of its existing pharmacies, Stop & Shop had standing to challenge the validity of the board’s regulations. See Westland Housing Corp. v.

    Cited 1 timesPublished
  • Jablonski v. Clemons

    60 Mass. App. Ct. 473 · Massachusetts Appeals Court · Feb 19, 2004

    Brown, J. This is a summary process action governed by the one-trial system. … See Brown v. Sewell, 14 Mass. App. Ct. 970 (1982).

    Cited 19 timesPublished
  • Callahan v. Board of Appeal on Motor Vehicle Liability Polices and Bonds

    90 Mass. App. Ct. 196 · Massachusetts Appeals Court · Sep 12, 2016

    As explained in Stockman v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 62 Mass. App. … See Commonwealth v. Maloney, 447 Mass. 577, 584 (2006). See also Burke v. Board of Appeal on Motor Vehicle Liab. Policies & Bonds, 90 Mass. App. Ct.

    Cited 3 timesPublished
  • Stockman v. Board of Appeal on Motor Vehicle Liability Policies & Bonds

    62 Mass. App. Ct. 159 · Massachusetts Appeals Court · Sep 30, 2004

    Following the procedure mandated by Commonwealth v. … On appeal, the defendant board of appeal on motor vehicle liability policies and bonds (board) upheld the suspension, as did the judge who reviewed the board’s decision under G. L. c. 30A, § 14.

    Cited 4 timesPublished
  • R.C. Management Corp. v. Planning Board of Southbridge

    31 Mass. App. Ct. 510 · Massachusetts Appeals Court · Nov 6, 1991

    See Corcoran v. Planning Bd. of Sudbury, 406 Mass. 248, 251-252 (1989). … Lawrence v. Falzarano, 380 Mass. 18 , 25 n.10 (1980). Perini Corp. v. Building Inspector of N. Andover, 7 Mass. App. Ct. 72 , 78 n.9 (1979). See also Finlay v. Eastern Racing Assn., 308 Mass. 20, 27 (1941).

    Cited 0 timesPublished
  • Board of Appeals v. Z & K Enterprises, Inc.

    1 Mass. App. Ct. 845 · Massachusetts Appeals Court · Sep 25, 1973

    See Lawrence v. Board of Appeals of Lynn, 336 Mass. 87, 90 (1957); Gallagher v. Board of Appeals of Falmouth, 351 Mass. 410, 412-414,415-419 (1966); Gallagher v. Selectmen of Falmouth, 352 Mass. 307 (1967). … See also Clark v. Board of Appeals of Newbury, 348 Mass. 407, 408-409 (1965). Final decree of the Superior Court affirmed.

    Cited 0 timesPublished
  • Home Depot v. Kardas

    81 Mass. App. Ct. 27 · Massachusetts Appeals Court · Dec 8, 2011

    See Brown v. Highland House Apartments, 12 Mass. Workers’ Comp. Rep. 322, 326 (1998) {Brown) (“a judge may order none, some, or all of the overpayments as appropriate”); Boyd v. Sciaba Constr., 12 Mass. Workers’ Comp. … “Whenever any party in interest presents a certified copy of an order or decision of a board member or of the reviewing board and any papers in connection therewith to the superior court department . . . , the court shall

    Cited 17 timesPublished

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