Case law

Rehabilitative Resources, Inc. v. Gibson

15 Mass. L. Rptr. 506 · Massachusetts Superior Court · Dec 13, 2002

See Quincy v. Planning Board of Tewksbury, 39 Mass.App.Ct. 17, 20 (1995) (citations omitted). … See Osberg v. Planning Board of Sturbridge, 44 Mass.App.Ct. 56, 57-59 (1997).

Kargman v. Rosenberg

8 Mass. L. Rptr. 441 · Massachusetts Superior Court · Jun 1, 1998

See Colbert v. Hennessey, 351 Mass. 131, 140-41 (1966) (Holmes, C.J., anticipated that corporations would want stock restrictions “to retain!] the right to choose one’s associates . . .”). See also, e.g., Durkee v. … See Oxford v.

Norton v. Scituate Rod & Gun Club, Inc.

30 Mass. L. Rptr. 29 · Massachusetts Superior Court · Apr 12, 2012

Morrissey v. New England Deaconess Association-Abundant Life Communities, Inc., 458 Mass. 580, 588 (2010). … DeSanctis v. Lynn Water & Sewer Comm’n, 423 Mass. 112, 116 (1996); Trenz v. Norwell, 68 Mass.App.Ct. 271, 275-76 (2007).

Jeffries v. Conservation Commission of Milton

18 Mass. L. Rptr. 56 · Massachusetts Superior Court · Jun 9, 2004

The votes by the four Commission members who had missed one or more of the prior hearings were invalid under the rule stated in Mullin v. Planning Board of Brewster, 17 Mass.App.Ct. 139, 141-43 (1983). … A municipal board must retain some reasonable degree of flexibility in carrying out its duties, especially when the same project or case involves hearings on multiple nights. Cf. Barbara v.

Burke v. Medford Contributory Retirement System

12 Mass. L. Rptr. 514 · Massachusetts Superior Court · Oct 2, 2000

In East Chop Tennis Club v. … Whether PERAC has such authority to review a local retirement board’s determination, has been addressed by the SJC in Plymouth County Retirement Assoc. & another v.

Moore v. McManus

8 Mass. L. Rptr. 263 · Massachusetts Superior Court · Feb 17, 1998

Under that provision, a plaintiff must make presentment on “the nominal chief executive officer or board.” CPCS does not have a governing board, 11 and its enabling statute denominates it as a committee and not a board. … The MTCA does not use the words “committee” and “board” interchangeably.

Arklow, Inc. v. Weadock

31 Mass. L. Rptr. 544 · Massachusetts Superior Court · Nov 27, 2013

Corporate by-laws are a contract between the corporation and its members, Jessie v. … Comp. v. Gove, 298 Mass. 53, 65 (1937) (holding president may initiate lawsuit without authorization of stockholders). For example, the parties discussed Fournier v.

Mastroianni v. Public Employees Retirement Administration

4 Mass. L. Rptr. 710 · Massachusetts Superior Court · Feb 15, 1996

Merisme v. Board of Appeals on Motor Vehicle Liab. Policies & Bds., 27 Mass.App.Ct. 470, 474 (1989); Faith Assembly of God v. State Bldg. Code Comm’n, 11 Mass.App.Ct. 333, 334 (1981), citing Almeida Bus Lines, Inc. v. … In Boston Ass’n of School Adm’rs & Supervisors v.

Valls v. Geon Engineered Films, Inc.

17 Mass. L. Rptr. 699 · Massachusetts Superior Court · Apr 20, 2004

(“Geon”), O’Sullivan Corporation (“O’Sullivan”), Regalite Plastics Corporation (“Regalite”), Frederick Pomeroy, William Sherwood and Edward Brown. On July 30, 2003, plaintiff voluntarily dismissed Sherwood and Brown. … Davis v.

Hobeika v. Wiggins

8 Mass. L. Rptr. 583 · Massachusetts Superior Court · May 7, 1998

The site, as a prior nonconforming use, had been operated as a boarding house since 1925. Certain neighbors, not necessarily abutters, had appeared at the Board hearings. … Costello v. Board of Appeals of Lexington, 3 Mass.App.Ct. 441, 443 (1975). See McLaughlin v. Rockland Zoning Board of Appeals, 351 Mass. 678 (1967); DiGiovanni, v.

T&D Video, Inc. v. City of Revere

17 Mass. L. Rptr. 448 · Massachusetts Superior Court · Feb 10, 2004

After denial of its application, T&D filed an appeal to the Revere Board of Appeals. … Council of Greater Wash, 999 F.2d at 92; Lewis v. Kendrick, 944 F.2d 949, 958 (1st Cir. 1991); Brown v. Stackler, 612 F.2d 1057, 1059 (7th Cir. 1980).

Brunet v. Our Lady of Nazareth Academy, Inc.

1 Mass. L. Rptr. 617 · Massachusetts Superior Court · Mar 17, 1994

Defendant Bartlett is the principal of the Academy and a member of the Academy’s Board of Directors (“Board"). Defendants Sheila Doherty, LinaMartignetti and Joseph Simonson are also members of the Board. … United Truck Leasing Corp. v. Geltman, 406 Mass. 811, 816 (1990). See also Halper v. Demeter, 34 Mass.App.Ct. 299, 306 (1993), and Brunner v. Stone & Webster Engineering Corp. 413 Mass. 698, 705 (1992).

Oliveira v. Advanced Delivery Systems, Inc.

27 Mass. L. Rptr. 402 · Massachusetts Superior Court · Jul 16, 2010

Athol Daily News v. Board of Review of the Div. of Unemployment and Training, 439 Mass. 171, 175 (2003) (construing G.L.c. 151A, §2, which is virtually identical to G.L.c. 149, §148B). A. … ADS also cites to Brown v.

Tamirova v. Omni Hotels Management Corp.

29 Mass. L. Rptr. 435 · Massachusetts Superior Court · Feb 10, 2012

This action arises out of a snow boarding accident at the Bretton Woods ski resort. … DISCUSSION In Cecere v.

Cohen v. Henkoff

6 Mass. L. Rptr. 462 · Massachusetts Superior Court · Feb 20, 1997

In Powers v. … See e.g., Cape Resorts Hotels, Inc. v. Alcoholic Licensing Board of Falmouth, 385 Mass. 205, 214 (1982); Powers v. Building Inspector of Barnstable, 363 Mass. 648 (1973).

Mobil Oil Corp. v. Cambridge License Commission

1 Mass. L. Rptr. 576 · Massachusetts Superior Court · Mar 1, 1994

Forsyth School for Dental Hygienists v. Board of Registration in Dentistry, 404 Mass. 211, 217 (1982); V.S.H. Realty, Inc. v. License Board of Worcester, 13 Mass.App.Ct. 586 (1982). … The Board’s decision was not arbitrary and capricious. The record demonstrates a number of reasons that would support the Board’s decision.

Guttadauro v. Toltz

3 Mass. Supp. 764 · Massachusetts Superior Court · Oct 29, 1982

(hereinafter ‘ ‘ the Board’ ’), must allow Guttadauro reasonable cross-examination of witnesses who are currently appearing before the Board at hearing before it. … This philosophy is also embraced in, Richard O’Neill & Lawrence Caldwell v. Town of Nantucket, et al., CA 82-0775-DCMA (August 13, 1982.

Adkins v. Healy

19 Mass. L. Rptr. 383 · Massachusetts Superior Court · May 11, 2005

See Town of Eastham v. Barnstable, 52 Mass.App.Ct. 734, 736-37 (2001) (town accountant was entitled to remain in her statutory position during the holdover period pending the qualification of her successor); Quinn v. … Commonwealth v. Loretta, 386 Mass. 794, 797 (1982), citing Commonwealth v. Knowlton, 378 Mass. 479 , 483 n.4 (1979). Thus, this court need not reach plaintiffs’ constitutional arguments.

Boston Seaport M1&2 Land, LLC v. Commissioner of Revenue

Massachusetts Superior Court · Jun 11, 2025

Corp. v. Commissioner of Revenue, 413 Mass. 445 , 448 (1992). … Groves & Sons Co. v.

McAleer v. Does

5 Mass. L. Rptr. 373 · Massachusetts Superior Court · Jun 15, 1996

Plaintiffs’ decedents were sail trainees on board when the vessel sank, and were among the nineteen who died in the sinking. Plaintiff Edward J. McAleer is, and the decedent James F. … Service of suit will be accepted by Ingledew, Brown, Bennison and Garrett, International House, 26 Creechurch Lane, London EC3A 7AL, England.” See Policy at 2.