Case law

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.

Marvin v. Board of Appeals

5 Mass. App. Ct. 772 · Massachusetts Appeals Court · Jan 31, 1977

The judge did not err in allowing the defendants’ motion for summary judgment based on the uncontested affidavit of the town clerk that no notice of the appeal from the board’s decision (filed with the town clerk on September … Costello v. Board of Appeals of Lexington, 3 Mass. App. Ct. 441, 442-443 (1975). The authority of the Costello case has not been impaired by Pierce v.

Fratus v. Board of Selectmen

6 Mass. App. Ct. 605 · Massachusetts Appeals Court · Sep 27, 1978

See also Matter of Ocean Hill-Brownsville Governing Bd. v. Board of Educ. of New York, 23 N.Y. 2d 483, 487 (1969). … L. c. 30A because a board of selectmen is not an “agency” as defined in G. L. c. 30A, § 1(2). See and compare Johnson Prod. Inc. 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.

Decker v. Boston Rent Board

13 Mass. App. Ct. 907 · Massachusetts Appeals Court · Jan 7, 1982

See Yaffe v. Lappin, 324 Mass. 254, 257 (1949). … Fanara for Boston Rent Board. Judgment affirmed.

Gaillard v. Board of Appeals

6 Mass. App. Ct. 834 · Massachusetts Appeals Court · Jan 26, 1978

See Charbonnier v. Amico, 367 Mass. 146, 152-153 (1975) . Moreover, as there was no need in the circumstances to plead the statute relied on, it was not fatal for the plaintiffs to cite a version of G. … Springfield v. Commonwealth, 349 Mass. 267, 270 (1965).

Elles v. Zoning Board of Appeals

450 Mass. 671 · Massachusetts Supreme Judicial Court · Feb 15, 2008

The plaintiffs, trustees of two condominium associations in the Marina Bay development in Quincy, commenced an action in the Land Court challenging the issuance by the zoning board of appeals of Quincy (board) of a special … See Fabre v. Walton, supra. Contrast Baker v. Hobson, 62 Mass. App.

Doe v. Sex Offender Registry Board

428 Mass. 90 · Massachusetts Supreme Judicial Court · Jul 24, 1998

Board of Registration in Pharmacy, 348 Mass. 491, 494-500 (1965). See also Commonwealth v. … See Mathews v. Eldridge, 424 U.S. 319, 335 (1976); Spence v. Gormley, 387 Mass. 258, 274-275 (1982).

Contributory Retirement Board v. Mangiacotti

406 Mass. 184 · Massachusetts Supreme Judicial Court · Dec 5, 1989

The Arlington contributory retirement board (board) brought this action seeking a declaration that G. … L. c. 208, § 34, and entered a judgment declaring that the order of assignment was in full force and effect and directing the board to comply with the order. We transferred the board’s appeal here. Section 19 of G.

Board of Assessors v. Driscoll

370 Mass. 443 · Massachusetts Supreme Judicial Court · Jun 10, 1976

This is an appeal of the board of assessors of Melrose (assessors) from a decision of the Appellate Tax Board granting an exemption to the taxpayers Edward G. Driscoll and Mary E. Driscoll pursuant to G. … See Gurley v. Commonwealth, 363 Mass. 595, 598 (1973); Westgate v. Century Indem. Co. 309 Mass. 412, 415-416 (1941); Allen v. Commissioner of Corps. & Taxation, 272 Mass. 502, 508 (1930).

Figueiredo v. Rent Control Board

26 Mass. App. Ct. 661 · Massachusetts Appeals Court · Dec 16, 1988

The board and the tenants go to some length to distinguish Vincent v. Rent Control Bd. of Cambridge, 23 Mass. App. … Current owners may not . remove rental units without a removal permit from the board. See Slade v. McLaughlin, supra; Vincent v. Rent Control Bd. of Cambridge, supra at 928. Judgment affirmed.

McNamara v. Board of Selectmen

5 Mass. App. Ct. 805 · Massachusetts Appeals Court · Mar 30, 1977

The assertedly contrary result reached in Holyoke Police Relief Assn. v. Mayor of Holyoke, 358 Mass. 350 (1970), turned on that city’s having accepted not only the provisions of G. … Gurley v. Bridgewater, 4 Mass. App. Ct. 149, 151 (1976). That conclusion is not inconsistent with the proposition that the “weeks” referred to in § 111D are calendar weeks, as held in the Holyoke case.

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.

Allen v. Board of Selectmen

58 Mass. App. Ct. 715 · Massachusetts Appeals Court · Aug 4, 2003

Following the May 14 meeting, selectman William Browns-berger prepared a proposal summarizing what had been discussed, which was to be submitted to town meeting on May 17. … [T]he clerk . . . shall post the notice in his office or on the principal official bulletin board of the city or town. . . .

Board of Appeals v. Lambergs

42 Mass. App. Ct. 411 · Massachusetts Appeals Court · Mar 28, 1997

See Capone v. … Twomey v. Board of Appeals of Medford, 7 Mass. App. Ct. 770, 772-773 (1979). See Gallant v. Worcester, 383 Mass. 707, 709-710 (1981); Mass.R.Civ.P. 8(a), 365 Mass. 749 (1974).

Nasca v. Board of Appeals

27 Mass. App. Ct. 47 · Massachusetts Appeals Court · Feb 23, 1989

A Superior Court judge, on May 22, 1987, annulled the action of the board and remanded the matter for further proceedings. At the behest of the planning board in June, 1987, the town amended § V, par. … It was appropriate for the board to consider the by-law in effect at the time of its decision. Cf. Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148, 153-154 (1981). G.

Doe v. Sex Offender Registry Board

74 Mass. App. Ct. 383 · Massachusetts Appeals Court · Jun 5, 2009

No. 8725 v. … See Cohen v.

Board of Appeals v. Boyle

4 Mass. App. Ct. 824 · Massachusetts Appeals Court · Jun 25, 1976

See Shuman v. Board of Aldermen of Newton, 361 Mass. 758, 764-765 (1972). The board was not required to make detailed findings in support of its decision (Brockton Pub. Market, Inc. v. … Compare Cliff v. Board of Health of Amesbury, 343 Mass. 58, 62-63 (1961).

Howland v. Board of Appeals

13 Mass. App. Ct. 520 · Massachusetts Appeals Court · May 14, 1982

See Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 299 (1972). . Because of our decision, it is not necessary to discuss the off-street loading requirement issue.

Poe v. Sex Offender Registry Board

456 Mass. 801 · Massachusetts Supreme Judicial Court · May 17, 2010

Board of Educ., 436 Mass. 763, 771 (2002), quoting Borden, Inc. v. Commissioner of Pub. Health, 388 Mass. 707, 723 , cert, denied sub nom. Formaldehyde Inst., Inc. v. Frechette, 464 U.S. 936 (1983). … v.