Case law

Lanesborough

1 Rep. Cont. El. 183 · Massachusetts House of Representatives · Jul 1, 1815

Nor does it very clearly appear, from any of the colony laws, how town meetings were warned. … But the legislature, under the last charter, incorporated several new towns, “ with all the powers, privileges and immunities of other towns, that of sending a representative to the general assembly only excepted.”

Opinion of the Justices of the Supreme Judicial Court

1 Rep. Cont. El. 117 · Massachusetts House of Representatives · Jul 1, 1811

The *121 rule of apportionment therefore does not depend on the number of legal voters, all of whom must be of full age; whereas the polls of minors, above the age of sixteen years, were ratable at the establishment of the … Whether their polls are, or are not ratable, they are not qualified voters for senators or representatives; mor can they be qualified to hold either of those offices.

Case of Burpee

1 Rep. Cont. El. 359 · Massachusetts House of Representatives · Jul 1, 1838

the session], removed from the commonwealth of Massachusetts, into the state of Vermont, with an intention of becoming a citizen of the last named state; 2d, That the said Burpee is not possessed of sufficient estate to qualify … The evidence on the second point was insufficient to establish that allegation of the petitioners; therefore, your committee were required to consider but one single point. First premising that Mr.

Woburn

1 Rep. Cont. El. 302 · Massachusetts House of Representatives · Jul 1, 1835

They were openly taken from the box, and the evidence clearly showed that there was no intent to do wrong, on the part of the presiding officer. 3d Allegation. ‘ During a moment of excitement, there was a press towards the … It is a matter of great importance to the community, that this house should settle the questions now presented upon sound principles, in order that their decision may hereafter be cited as a well established precedent.

Applegate v. Town of Natick Planning Board

Massachusetts Land Court · May 27, 2021

instruction, provided that: (a) Only one person other than members of the family residing on the premises shall be simultaneously engaged in such occupation[;] (b) The use of the dwelling unit for the home occupation shall be clearly … In all RS districts, uses qualifying under Use #19 are allowed as of right. See Bylaw, § III-A.2. In the spring of 2019, Natick's Town Meeting amended the Bylaw.

Case of Freeman

1 Rep. Cont. El. 543 · Massachusetts House of Representatives · Jul 1, 1846

It was not then known to the selectmen, that any person had voted, who was not constitutionally qualified, and they clearly discharged their duty in withholding a certificate. … That John Jackson was not a citizen of the United States, is so clearly proved, that any comment is unnecessary.

Plympton

1 Rep. Cont. El. 612 · Massachusetts House of Representatives · Jul 1, 1851

The undersigned will, however, endeavor to state, as clearly and concisely as may be, what appears to their minds to be its fair result. … It was clearly an irregularity, to put the motion to adjourn, and clearly right, not to put the motion to dissolve, whether the balloting had commenced or not; because the law distinctly requires the selectmen to seal up

Deacons of First Universalist Church of North Adams

1 Davis. L. Ct. Cas. 211 · Massachusetts Land Court · Aug 15, 1905

In the Boland deed the grant itself, after the rejection of the limitation over, was a grant of a qualified fee only and not of a fee absolute. … The consecration is, and is to be regarded as, a religious ceremony,, and not as an act qualifying the estate in the land.

Gloucester

1 Rep. Cont. El. 207 · Massachusetts House of Representatives · Jul 1, 1817

The committee also further report, that the town of Gloucester contains six parishes, and between 900 and 1000 qualified voters for representatives; that the harbor parish, in which the meeting was held, contains about one … open the meeting at 9 o’clock, and close the poll in the forenoon, or before the usual hour of dinner; and it was stated, that they had made some arrangements in their lists of voters, (though what they were, did not very clearly

Robinson v. Church

1 Davis. L. Ct. Cas. 13 · Massachusetts Land Court · Sep 15, 1899

He contends that proof must be made that the board (of aldermen) levying the tax were duly elected and qualified. This matter, however, is one that is altogether too remote. … In the earlier case,, however, the de jure rule as to tax sales was clearly recognized. Alvord v. Collin, 20 Pick. 418 ; and earlier cases there cited. Sprague v. Bailey, 19 Pick. 436 . Goodrich v.

Case of Nash

1 Rep. Cont. El. 439 · Massachusetts House of Representatives · Jul 1, 1843

White was not qualified, and did not assume to act. After three ineffectual ballotings for speaker, in which Mr. … Is not his intent as clearly shown by the designation on his ballot, as if he also had testified, that lie did not intend that vote for a representative from the town of Whately ?

First Congregational Parish of West Boylston v. Inhabitants of West Boylston

1 Davis. L. Ct. Cas. 282 · Massachusetts Land Court · Oct 15, 1907

first petition for incorporation or provide them* selves with the necessary accommodations for enjoyment of public worship among themselves, was then considered, and the result was it would be felt greatest wisdom first to establish … Later, there were two calls, one- for those qualified to vote in church matters, and the other for those only qualified to vote in town affairs. There was no church organization capable of holding property.

Bellingham Massachusetts Self Storage, LLC v. Town of Bellingham

Massachusetts Land Court · Jul 15, 2021

That interpretation of the statute ignores the language of the first two sentences of § 5, where the Legislature clearly set forth the procedure for initiating zoning amendments. … Paturzo "as being the names of qualified voters in the Town." Town Of Bellingahm's [sic] Summary Judgment Record Appendix ("D. App."), Ex. 50. It is not clear why the Town undertook this exercise.

Fogelman v. Town of Chatham

2 Mass. Supp. 687 · Massachusetts Land Court · Sep 11, 1981

Hemond are qualified by education and work experience in relevant fields to render an opinion on wetland vegetation. … Section 3.44 is clearly tied into the bounds of a Conservancy District.

Filippova v. Frmingham Zoning Board of Appeals

Massachusetts Land Court · Jun 23, 2021

The section provides that wireless communications facilities are permitted only by special permit, and further establishes conditions, maintenance requirements, removal requirements, dimensional requirements, and design requirements … [Note 33] From this language one can surmise that WCFs may only be located in commercial and possibly industrial zones, but clearly may not be located within or closer than 300 feet to residential zoning districts.