Case law

Doe v. Sex Offender Registry Board

81 Mass. App. Ct. 610 · Massachusetts Appeals Court · Apr 23, 2012

See Dusky v. United States, 362 U.S. 402, 402 (1960); Pate v. Robinson, 383 U.S. 375, 385 (1966). 4 But the analogy is not apt. The board’s proceedings are civil in nature, not criminal. … L. c. 6, § 178L, the board has the discretion to grant funds for sex offenders to retain an expert witness even when the board does not intend to use expert evidence. Doe, Sex Offender Registry Bd. No. 89230 v.

Hook Brown Co. v. Farnsworth Press, Inc.

348 Mass. 306 · Massachusetts Supreme Judicial Court · Jan 5, 1965

See Harrell v. Sonnabend, 191 Mass. 310, 311-312 ; Winstanley v. Chapman, 325 Mass. 130,133 . See also Andrews v. Charon, 289 Mass. 1, 5-8 ; Orlando v. … Inc. v. Fireman’s Fund Ins. Co. 344 Mass 99, 106. In the light of Brown’s and Ives’s testimony, the judge was justified in concluding that more than one extension or renewal of the sublease for one year was intended. 4.

Standerwick v. Zoning Board of Appeals

447 Mass. 20 · Massachusetts Supreme Judicial Court · Jun 16, 2006

Marinetti v. Board of Appeals of Stoughton, 440 Mass. 255, 258 (2003). … Ct. 124, 127-128 (1999); Cohen v. Zoning Board of Appeals of Plymouth, 35 Mass. App. Ct. 619, 621 (1993); Bedstone v. Board of Appeals of Chelmsford, 11 Mass. App. Ct. 383, 384-385 (1981); Waltham Motor Inn, Inc. v.

Doherty v. Planning Board of Scituate

467 Mass. 560 · Massachusetts Supreme Judicial Court · Mar 21, 2014

See KCI Mgt., Inc. v. Board of Appeal of Boston, 54 Mass. App. Ct. 254, 259 (2002); Davis v. Zoning Bd. of Chatham, 52 Mass. App. Ct. 349 , 351 & n.5 (2001). … Local boards and courts should “not abandon reason and common sense” in construing a bylaw. DeMello v. Board of Appeals of Acushnet, 21 Mass. App. Ct. 974, 975 (1986).

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).

Allen v. Board of Appeals

351 Mass. 714 · Massachusetts Supreme Judicial Court · Feb 3, 1967

The trial judge ruled that the board “fails to state the existence of each of the prerequisites to the granting of a variance.” G. L. c. 40A, § 15. … Barnhart v. Board of Appeals of Scituate, 343 Mass. 455 . Decree affirmed.

Garabedian v. Water & Sewerage Board

359 Mass. 404 · Massachusetts Supreme Judicial Court · Apr 30, 1971

See Medford v. Fellsmere Realty Co. Inc. 345 Mass. 477, 481 . Doubtless, the water board should work in consultation with the planning board, but the water board must perform properly the duties imposed upon it.” … We find it unnecessary to discuss the water board’s contention that mandamus is not the proper procedure in this case. See Rounds v. Water & Sewer Commrs. of Wilmington, 347 Mass. 40 .

Doe v. Sex Offender Registry Board

85 Mass. App. Ct. 1 · Massachusetts Appeals Court · Feb 24, 2014

No. 151564 v. … No. 89230 v.

Weinfeld v. Board of Assessors

354 Mass. 760 · Massachusetts Supreme Judicial Court · Apr 3, 1968

This is an appeal from a decision of the Appellate Tax Board in favor of the board of assessors in proceedings under the informal procedure contesting the assessed valuation of certain real estate in Hull for the year 1960 … The record and the facts thereby disclosed do not present any issue of law which this court may review in a matter decided by the Appellate Tax Board under the informal procedure. G.

Brown v. Norfolk & Dedham Mutual Fire Insurance

2011 Mass. App. Div. 35 · Massachusetts District Court, Appellate Division · Feb 9, 2011

Browning v. Brokvist, 1998 Mass. App. Div. 254 , citing Victum v. Martin, 367 Mass. 404, 407-408 (1975). Further, as was stated in Galena v. Commerce Ins. Co., 2001 Mass. App. … Bui v. Vazquez, 1999 Mass. App.

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.

Salem Retirement Board v. Contributory Retirement Appeal Board

23 Mass. L. Rptr. 152 · Massachusetts Superior Court · Aug 27, 2007

Town of Hingham v. Department of Telecomm. & Energy, 433 Mass. 198, 201 (2001); Flint v. Commissioner of Pub. Welfare, 412 Mass. 416, 420 (1992); Seagram Distillers Co. v. … Flemings v. Contributory Ret Appeal Bd., 431 Mass. 374, 375 (2000); Southern Worcester County Reg’l Vocational Sch. Dist v. Labor Relations Comm’n, 386 Mass. 414, 420-21 (1982), citing Olde Towne Liquor Store, Inc. v.

Wallace v. Boston Rent Board

12 Mass. App. Ct. 13 · Massachusetts Appeals Court · Jun 2, 1981

See Lotto v. Commonwealth, 369 Mass. 775, 778 (1976); Regents of State Colleges v. Roth, 408 U.S. 564, 578 (1972). … See Mackey v. Montrym, 443 U.S. 1, 12 (1979). Compare Bane v. Boston, 8 Mass. App. Ct. 552, 556 (1979). Should hardship arise because of the time required in the appeal process, the order of the board may be stayed.

Pearson v. Board of Selectmen

49 Mass. App. Ct. 119 · Massachusetts Appeals Court · Apr 14, 2000

App. 3d 870, 878-879 (1973) (use of terms “board,” “commission,” “committee,” and “body” indicates that single individual acting as a hearing officer is not covered by California’s open meeting law [the Brown Act]). Cf. … Connelly v.

Kinchla v. Board of Appeals

11 Mass. App. Ct. 927 · Massachusetts Appeals Court · Feb 3, 1981

Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973). Dowd v. Board of Appeals of Dover, 5 Mass. App. Ct. 148 (1977). Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483, 487-488 (1979). … This is not a case where the board based its decision on a legally untenable ground (see , e.g., Tambone v. Board of Appeals of Stoneham, 348 Mass. 359 [1965]; MacGibbon v.

Smolinski v. BOSTON RETIREMENT BOARD

346 Mass. 210 · Massachusetts Supreme Judicial Court · Jun 4, 1963

Foley v. Springfield, 328 Mass. 59, 61 . Kinney v. Contributory Retirement Appeal Bd. 330 Mass. 302, 304-306 . Roach v. State Bd. of Retirement, 331 Mass. 41 . McCarthy v. State Bd. of Retirement, 331 Mass. 46, 47-48 .

Gallagher v. Board of Appeals

44 Mass. App. Ct. 906 · Massachusetts Appeals Court · Dec 18, 1997

Needham v. Winslow Nurseries, Inc., 330 Mass. 95, 101 (1953). Building Inspector of Falmouth v. Gingrass, 338 Mass. 274, 275 (1959). Parrish v. Board of Appeal of Sharon, 351 Mass. 561, 567 (1967). Hume v. … Each of the discussions in Henry v. Board of Appeals of Dunstable and in Harvard v. Maxant, supra, referred to Lawrence v. Zoning Bd. of Appeals of N.

Camoscio v. Board of Registration

394 Mass. 1006 · Massachusetts Supreme Judicial Court · Apr 9, 1985

See Arthurs v. Board of Registration in Medicine, 383 Mass. 299 , 304-305 & 308 n.21 (1981). … (see Camoscio v.

Board of Selectmen v. Girard

359 Mass. 755 · Massachusetts Supreme Judicial Court · May 6, 1971

L. c. 140, §§ 32B and 32F, the defendant was granted an unrestricted permit to operate a trailer coach park by the plaintiff, which is also the licensing board for the town of Charlton. … See Goodwin v. Department of Pub. Util. 351 Mass. 25, 26-27 ; Southern Pac. Co. v. Olympian Dredging Co. 260 U. S. 205, 208 .

Cornell v. Board of Appeals

72 Mass. App. Ct. 390 · Massachusetts Appeals Court · Aug 19, 2008

Although a zoning board may in its discretion grant a variance, it is not required to do so, because no one has a legal right to a variance. Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 557, 559 (1954). … In support of his argument to the contrary, Cornell cites McDermott v. Board of Appeals of Melrose, 59 Mass. App.