Case law

Kirker v. Board of Appeals

33 Mass. App. Ct. 111 · Massachusetts Appeals Court · Jul 30, 1992

That decision was affirmed by this court in an unpublished memorandum, Osburn v. Board of Appeals of Raynham, 25 Mass. App. Ct. 1107 (1987), and the shed was torn down. … Compare McSorley v. Hancock, 11 Mass. App.

Quinn v. Rent Control Board

45 Mass. App. Ct. 357 · Massachusetts Appeals Court · Aug 27, 1998

In Civitarese v. … the board’s discretion, see Altschuler v.

Gentile v. Rent Control Board

48 Mass. App. Dec. 199 · Massachusetts District Court, Appellate Division · Jun 7, 1972

a hearing by the Board. … Warner v.

Peterson v. Board of Assessors

62 Mass. App. Ct. 428 · Massachusetts Appeals Court · Nov 5, 2004

Decisions of the Appellate Tax Board must be supported by substantial evidence, see New Boston Garden Corp. v. … A reviewing court’s determination whether the board’s findings are warranted must be made on a consideration of the entire record, Cohen v.

Greenman v. MASSACHUSETTS PAROLE BOARD

405 Mass. 384 · Massachusetts Supreme Judicial Court · Jul 11, 1989

Commonwealth v. Lamb, 365 Mass. 265, 269 (1974). *387 Greenman also argues that the board acted improperly as both judge and jury. … The board may consider the circumstances of Greenman’s offense, including any sexual aspects. See Resnick v. United States Parole Comm’n, 835 F.2d 1297, 1300 (10th Cir. 1987). See also People ex rel. Yates v.

Ostrander v. Brown (In Re Housey)

409 B.R. 611 · United States Bankruptcy Court, D. Massachusetts · Aug 6, 2009

“Actual notice” is strictly construed under Massachusetts law, Board of Selectmen of Hanson v. Lindsay, 444 Mass. 502 , 829 N.E.2d 1105, 1111 (2005); Richardson v. … See, e.g., Brown v.

Cox v. Board of Appeals

42 Mass. App. Ct. 422 · Massachusetts Appeals Court · Apr 3, 1997

See also Pierce v. Board of Appeals of Carver, 369 Mass. 804, 808-812 (1976). … Marashlian v. Zoning Board of Appeals of Newbury port, 421 Mass. 719, 721 (1996).

McDermott v. Board of Appeals

59 Mass. App. Ct. 457 · Massachusetts Appeals Court · Sep 30, 2003

Cohasset Heights, Ltd. v. Zoning Bd. of Appeals of Cohasset, 53 Mass. App. Ct. 116 (2001), counsels otherwise. … Bernstein v. Chief Bldg. Inspector & Bldg. Commr. of Falmouth, 52 Mass. App. Ct. 422, 427 (2001). Summary judgment is reversed.

Doe v. Sex Offender Registry Board

450 Mass. 780 · Massachusetts Supreme Judicial Court · Mar 14, 2008

Twenty-two years later, on November 10, 2003, the Sex Offender Registry Board (board) notified Doe that pursuant to G. … No. 1211 v.

Ramaseshu v. Board of Registration

441 Mass. 1006 · Massachusetts Supreme Judicial Court · Mar 8, 2004

Friedman v. Board of Registration *1007 in Medicine, 414 Mass. 663 , 664 & n.l (1993). … See White v. Commonwealth, 439 Mass. 1017 , 1017 n.l (2003); Friedman v. Board of Registration in Medicine, 414 Mass. 663, 665 (1993).

Mann v. Board of Assessors

387 Mass. 35 · Massachusetts Supreme Judicial Court · Aug 3, 1982

See, e.g., Bussa v. Glastonbury, 28 Conn. Supp. 97 (1968); Stiles v. Brown, 177 So. 2d 672 (Fla. App. 1965), aff’d, 182 So. 2d 612 (Fla. 1966); Kentucky Bd. of Tax Appeals v. … The board’s decision must, in turn, be supported by substantial evidence. Foxboro Assocs. v. Assessors of Foxborough, supra at 681. New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 466-467 (1981).

McLaughlin v. Board of Selectmen

38 Mass. App. Ct. 162 · Massachusetts Appeals Court · Feb 24, 1995

See Meyer v. Planning Board of Westport, 29 Mass. App. Ct. 167, 169-170 (1990), for a general discussion of c. 41, § 81R waivers. … Subaru of New England, Inc. v. Board *172 of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979) (citation omitted).

Parmenter v. Board of Appeals

360 Mass. 852 · Massachusetts Supreme Judicial Court · Oct 5, 1971

Giving special weight to the quoted portion of § II of the by-law, we think the trial judge reasonably and sensibly (see Green v. … Board, of Appeal of Norwood, 358 Mass. 253, 258-259 ) reached his conclusion in the light of all the circumstances. See Beechwood Acres, Inc. v. Hamilton, 350 Mass. 655, 658-659 . See also Maki v.

Rent Control Board v. Gifford

362 Mass. 870 · Massachusetts Supreme Judicial Court · Jun 27, 1972

On February 24, 1972, a judge of the Superior Court, in Gifford v. … We have reviewed the original papers in Gifford v. Healy, supra, as well as the case before us and arguments submitted on briefs by the parties. Lengthy discussion of the matter is not required. Marshal House, Inc. v.

Durham v. Massachusetts Parole Board

382 Mass. 494 · Massachusetts Supreme Judicial Court · Feb 10, 1981

See Henschel v. Commissioner of Correction, supra at 134-137. … See Hadley v. Amherst, 372 Mass. 46, 52-53 (1977), and cases cited.

Altschuler v. Boston Rent Board

386 Mass. 1009 · Massachusetts Supreme Judicial Court · Jul 27, 1982

Altschuler v. Boston Rent Bd., supra at 459. “The theory of law on which by assent a case is tried cannot be disregarded when the case comes before an appellate court for review of the acts of the trial judge.” Jones v. … The Appeals Court held that the board has the authority to deny the entire amount of a general rent adjustment to a landlord who fails to implement the security measures required by G. L. c. 143, § 3R. See Altschuler v.

Waisbren v. Board of Registration

418 Mass. 756 · Massachusetts Supreme Judicial Court · Nov 8, 1994

That statute gives the board broad latitude in shaping appropriate sanctions in each case. Kvitka v. Board of Registration in Medicine, 407 Mass. 140, 143 (1990). … Furthermore, the board is not bound by the administrative magistrate’s recommendation; it belongs to the board to impose the sanction within its discretion. Feldstein v.

Brown v. FL Roberts & Co., Inc.

419 F. Supp. 2d 7 · District Court, D. Massachusetts · Mar 3, 2006

Co. v. … In EEOC v.

Olsen v. Teachers' Retirement Board

70 Mass. App. Ct. 429 · Massachusetts Appeals Court · Oct 9, 2007

L. c. 32, § 1, for purposes of calculating the plaintiffs’ retirement allowances. 2 After the Teachers’ Retirement Board (board) and the Contribu *430 tory Retirement Appeal Board (CRAB) 3 determined that they did not so … .” *432 In arguing for their respective interpretations of “regular compensation” — the board to exclude the stipend, and the plaintiffs to include it — both rely on Boston Assn. of Sch. Administrators & Supervisors v.

Board of Aldermen v. Maniace

45 Mass. App. Ct. 829 · Massachusetts Appeals Court · Dec 1, 1998

“The denial of special permits is within the discretion of the board. MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 638 (1970). Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486 (1979), quoting from Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 (1969).” ACW Realty Mgmt., Inc. v. Planning Bd. of Westfield, 40 Mass.