Case law

Zussman v. Rent Control Board

4 Mass. App. Ct. 135 · Massachusetts Appeals Court · Mar 11, 1976

Co. v. Commissioner of Ins. 358 Mass. 272, 277-278, 280-281 (1970); G & M Employment Serv. Inc. v. Commonwealth, 358 Mass. 430, 437-443 (1970), app. dism. sub nom. G & M Employment Serv. Inc. v. … See Marlow v. New Bedford, 369 Mass. 501, 508 (1976).

Lanier v. Massachusetts Parole Board

396 Mass. 1018 · Massachusetts Supreme Judicial Court · Mar 5, 1986

Brookline v. Goldstein, 388 Mass. 443, 447 (1983). Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 617 (1980). The plaintiff has not met his burden of showing the likelihood of his success on the merits. … Our statutes and case law indicate that the granting of parole is within the discretion of the parole board. See, e.g., G. L. c. 127, §§ 130, 133 (1984 ed.); Commonwealth v. Hogan, 17 Mass. App.

Board of Assessors v. Leo

363 Mass. 47 · Massachusetts Supreme Judicial Court · Feb 7, 1973

Weinfeld v. … Foster v. Morse, 132 Mass. 354, 355-356 . Citizens’ Gas Light Co. v. Wakefield, 161 Mass. 432, 439 . Higgins v. Boston Elev. Ry. 214 Mass. 335, 336 . Fratantonio v. Atlantic Ref.

Soe v. Sex Offender Registry Board

466 Mass. 381 · Massachusetts Supreme Judicial Court · Sep 11, 2013

See Ott v. Board of Registration in Medicine, 276 Mass. 566, 574 (1931) (“Whether a continuance ought to be granted commonly rests in the discretion of the trial tribunal”). See also Arthurs v. … No. 972 v.

Ferris v. Board of Selectmen

344 Mass. 757 · Massachusetts Supreme Judicial Court · May 31, 1962

The judge ruled that there is a discretion in the board of selectmen as to whether the license should issue. From a final decree dismissing the bill, the plaintiff appealed. There was no error on the merits. Largess v. … Vasilakis v. Haverhill, 339 Mass. 97,101 .

Nawn v. Board of Selectmen

4 Mass. App. Ct. 715 · Massachusetts Appeals Court · Dec 24, 1976

Zaltman v. Daris, 331 Mass. 458, 462 (1954). Vesce v. Gottfried, 353 Mass. 568, 569 (1968). Jewel Cos. Inc. v. Burlington, 365 Mass. 274, 277 (1974). … Brouillette v. Worcester, 364 Mass. 833, 834 (1974). Canney v. Municipal Court of the City of Boston, 368 Mass. 648, 653-654 (1975).

Blair v. Board of Selectmen

24 Mass. App. Ct. 261 · Massachusetts Appeals Court · Jun 3, 1987

” (board) to the plaintiff, dated October 1, 1986, advising him that on June 25, 1986, the board had voted to grant him an accidental disability retirement allowance, “effective midnight, January 20, 1986,” and that the board … See Commissioner of Rev. v. Plymouth Home Natl. Bank, 394 Mass. 66 , 67 n.3 (1985); Travenol Labs., Inc. v. Zotal, Ltd., 394 Mass. 95, 97 (1985); Kelley v. Rossi, 395 Mass. 659 , 665 n.6 (1985).

Murray v. Massachusetts Parole Board

451 Mass. 1002 · Massachusetts Supreme Judicial Court · Apr 15, 2008

In the county court, he essentially sought an order directing the Massachusetts Parole Board (board) to aggregate his Massachusetts and District of Columbia sentences, and an order expunging a notice issued by Massachusetts … See Murray v. Commonwealth, 447 Mass. 1010 (2006); Hines, petitioner, 432 Mass. 1004 (2000); Hines v. Commonwealth, 425 Mass. 1013 (1997); Hines v. Commonwealth, 423 Mass. 1004 , cert. denied, 519 U.S. 984 (1996).

Mulrain v. Board of Selectmen

13 Mass. App. Ct. 48 · Massachusetts Appeals Court · Jan 14, 1982

See Bloom v. Worcester, 363 Mass. 136, 144, 155-160 (1973); Arlington v. Board of Conciliation and Arbitration, 370 Mass. 769, 773-774 (1976). … See Huntoon v. Quincy, 349 Mass. 9, 16-17 (1965). See also Pitman v. Medford, 312 Mass. 618, 622-623 (1942); County Personnel Bd. v. Third Dist. Court of E. Middlesex, 369 Mass. 972 (1976); G.

D'Errico v. Board of Assessors

384 Mass. 301 · Massachusetts Supreme Judicial Court · Aug 6, 1981

Nearis v. Gloucester, 357 Mass. 203, 205 , cert, denied, 400 U.S. 918 (1970). See Sydney v. Commissioner of Corps. & Taxation, 371 Mass. 289, 294-295 (1976); Sears, Roebuck & Co. v. … The plaintiff s remedy was to pursue his appeal from the decision of the Appellate Tax Board, but he withdrew that appeal.

Ramos v. Board of Selectmen

16 Mass. App. Ct. 308 · Massachusetts Appeals Court · Jul 5, 1983

See O’Shaughnessey v. Besse, 7 Mass. App. Ct. 727, 728-729 (1979); Lawrence v. Kamco, Inc., 8 Mass. App. … To an extent which varied somewhat from defendant to defendant, the board members and Small, the board’s executive secretary, were recipients of complaints from Ramos about the asserted delays (see Appendix 1) for which Ramos

Maria v. Board of Appeal

348 Mass. 798 · Massachusetts Supreme Judicial Court · Apr 1, 1965

L. e. 40A, § 21, was not given within twenty days after the decision of the board had been filed in the city clerk’s office as § 21 requires. Hence the Superior Court had no jurisdiction. Lin coln v. … Compare Spaulding v. Board of Appeals of Leicester, 334 Mass. 688 . We agree with the judge, however, that the recorded action of the board in this ease was an appealable decision.

Taylor v. Board of Appeals

68 Mass. App. Ct. 503 · Massachusetts Appeals Court · Mar 27, 2007

Wolfe v. Gormally, 440 Mass. 699, 704 (2004) (quotations omitted). See Volin v. Board of Pub. Accountancy, 422 Mass. 175, 179 (1996), quoting from Adamowicz v. … Board of Appeals of Hanover v. Housing Appeals Comm., supra at 371. See Mahoney v. Board of Appeals of Winchester, 366 Mass. 228, 231-232 (1974).

O'Brian v. Board of Appeals

3 Mass. App. Ct. 740 · Massachusetts Appeals Court · Apr 24, 1975

Board of Appeal of Cambridge, 337 Mass. 528 (1958); Dion v. Board of Appeals of Waltham, 344 Mass. 547, 551-552 (1962); Sherman v. Board of Appeals of Worcester, 354 Mass. 133 (1968); Johnson v. … See Rodenstein v. Board of Appeal of Boston, supra, at 335-336; Broderick v. Board of Appeal of Boston, supra, at 478-479. 3.

Marino v. Board of Appeal

2 Mass. App. Ct. 859 · Massachusetts Appeals Court · Jul 18, 1974

L. c. 41, § 81BB (see Rice v. Board of Appeals of Dennis, 342 Mass. 499, 501-502 [1961]; Sandberg v. Board of Appeals of Taunton, 349 Mass. 769 [1965]; P & D Serv. Co. v. … See Campanelle, Inc. v. Planning Bd. of Ipswich, 358 Mass. 798 (1970). The appropriate remedy in either event “was by appeal under G. L. c. 41, § 8IBB [from the action of the planning board].” Rounds v.

Doe v. Sex Offender Registry Board

70 Mass. App. Ct. 309 · Massachusetts Appeals Court · Sep 28, 2007

Embers of Salisbury, Inc. v. Alcoholic Bev. Control Commn., 401 Mass. 526, 530 (1988). See also Covell v. … See Merisme v. Board of Appeals on Motor Vehicle Liab. Policies and Bonds, 27 Mass. App. Ct. 470, 473-476 (1989).

Tanner v. Board of Appeals

27 Mass. App. Ct. 1181 · Massachusetts Appeals Court · Jul 24, 1989

“Final action” occurs when the board files its decision with the town clerk. Building Inspector of Attleboro v. Attleboro Landfill, Inc. 384 Mass. 109, 110-112 (1981). Elder Care Services, Inc. v. … Clarke v. Metropolitan Dist. Commn., 11 Mass. App. Ct. 955 (1981).

Ballarin, Inc. v. Licensing Board

49 Mass. App. Ct. 506 · Massachusetts Appeals Court · Jun 27, 2000

See Connolly v. Alcoholic Bevs. Control Commn., supra; Great Atl. & Pac. Tea Co. v. Board of License Commrs. of Springfield, 387 Mass. 833, 837 (1983); Beacon Hill Civic Assn. v. … MacGibbon v. Board of Appeals of Duxbury, 369 Mass. 512, 520 (1976). Newbury Junior College v. Brookline, 19 Mass. App. Ct. at 208 . Judgment affirmed.

Shea v. Board of Appeals

35 Mass. App. Ct. 519 · Massachusetts Appeals Court · Nov 23, 1993

See Smalley v. Planning Bd. of Harwich, 10 Mass. App. Ct. 599, 603 (1980), and cases cited; Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 807 (1981); Corrigan v. … Compare Richard v. Planning Bd. of Acushnet, 10 Mass. App. Ct. 216, 218-220 (1980); Perry v. Planning Bd. of Nantucket, 15 Mass. App. Ct. at 150-153, 154-155 . Nasca v. Board of Appeals of Medway, 27 Mass. App.

Mitchell v. Board of Appeals

27 Mass. App. Ct. 1119 · Massachusetts Appeals Court · May 2, 1989

In these circumstances § 10 gives the board of appeal no authority to grant a variance. Guiragossian v. Board of Appeals of Watertown, 21 Mass. App. Ct. 111, 116 (1985). Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. … Shafer v. Zoning Bd. of Appeals of Scituate, 24 Mass. App. Ct. 966, 967 (1987). Contrast Paulding v. Bruins, 18 Mass. App.