Case law

Gurry v. Board of Public Accountancy

394 Mass. 118 · Massachusetts Supreme Judicial Court · Feb 26, 1985

Board of Registration in Medicine, 383 Mass. 299, 300 , 304 n.11 (1981); Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 520 (1979); Harris v. … Board of Registration in Chiropody (Podiatry), 343 Mass. 536, 537 (1962); Giroux v. Board of Dental Examiners, 322 Mass. 251 (1948); Ott v. Board of Registration in Medicine, 276 Mass. 566, 572-573 (1931); Dugdale v.

Callahan v. Board of Bar Overseers

417 Mass. 516 · Massachusetts Supreme Judicial Court · Apr 12, 1994

An individual who files a complaint with the board does not have standing to appeal from the board’s decision to dismiss that complaint. Binns v. Board of Bar Overseers, 369 Mass. 975, 976 (1976). See Slotnick v. … See Avery v. Steele, 414 Mass. 450 , 451-453 n.2, 455-457 (1993), and cases cited; Price v. Cole, 31 Mass. App. Ct. 1, 6-7 (1991).

Hunt v. Contributory Retirement Appeal Board

332 Mass. 625 · Massachusetts Supreme Judicial Court · Jun 3, 1955

That board (hereinafter called the appeal board) affirmed the decision of the local board. The petitioner then brought this petition for certiorari upon which judgment was entered dismissing his petition. … Such certification, it is true, is not binding on the local board (Cassier v.

Paquin v. Board of Appeals

27 Mass. App. Ct. 577 · Massachusetts Appeals Court · Jul 18, 1989

Ct. 103, 108 (1982); Cameron v. Board of Appeals of Yarmouth, 23 Mass. App. Ct. 144, 147-148 (1986). … The purpose of the constructive grant provision of § 15 “is to induce the board to act promptly.” Capone v. Zoning Bd. of Appeals of Fitchburg, 389 Mass. at 623 , citing Noe v.

Denneny v. Zoning Board of Appeals

59 Mass. App. Ct. 208 · Massachusetts Appeals Court · Sep 8, 2003

Board of Appeal of Boston, 324 Mass. 427, 430 (1949); Tsagronis v. Board of Appeals of Wareham, 415 Mass. 329, 335 (1993) (Abrams, J., dissenting). … Valcourt v. Zoning Bd. of Appeals of Swansea, supra at 127-128, quoting from Marotta v. Board of Appeals of Revere, supra.

Hallett v. Contributory Retirement Appeal Board

431 Mass. 66 · Massachusetts Supreme Judicial Court · Mar 16, 2000

First Nat’l Bank v. Judge Baker Guidance Ctr., 13 Mass. App. Ct. 144, 153 (1982). See Murphy v. Department of Correction, 429 Mass. 736, 744 (1999); Beeler v. Downey, supra at 616 ; Boylston Water Dist. v. … In Coco v.

Alpert v. Board of Appeal

6 Mass. App. Ct. 888 · Massachusetts Appeals Court · Jun 13, 1978

Board of Appeals of Scituate, 343 Mass. 455, 456-457 (1962). Cass v. Board of Appeal of Fall River, 2 Mass. App. Ct. 555 , 558 n.5 (1974). See Planning Bd. of Springfield v. … Wolfson v. Sun Oil Co. 357 Mass. 87, 89 (1970). Compare Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 292-293 (1972).

Smalley v. Planning Board of Harwich

10 Mass. App. Ct. 599 · Massachusetts Appeals Court · Oct 14, 1980

Ct. 889 (1978), citing Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968). See Goldman v. Planning Bd. of Burlington, 347 Mass. 320, 324 (1964); Giovannucci v. Board of Appeals of Plainville, 4 Mass. App. … See McCarthy v. Planning Bd. of Edgartown, 381 Mass. 86, 87 (1980). Cf. Gaditano v.

Miller v. Board of Appeals

8 Mass. App. Ct. 923 · Massachusetts Appeals Court · Nov 6, 1979

The pleadings and affidavits establish that on January 14,1976, the planning board endorsed a perimeter plan of the locus under G. … The sentence in Bellows Farms, Inc. v.

Board of Assessors v. Dennehey

357 Mass. 243 · Massachusetts Supreme Judicial Court · Apr 9, 1970

L. c. 58A, § 7A, where the party appealing from the board’s decision is the appellant before the board, or where the assessed valuation of the property concerned exceeds $20,000 and the appellee before the board does not … Wooley v. Fall River, 220 Mass. 584, 589 . Menici v. Orton Crane & Shovel Co. 285 Mass. 499, 503-504 .

Bell v. Zoning Board of Appeals

429 Mass. 551 · Massachusetts Supreme Judicial Court · May 6, 1999

L. c. 40B, § 21. 3 The defendant zoning board of appeals of Gloucester (board) scheduled a public hearing on the authority’s application. … Boston, 330 Mass. 381, 384 (1953), citing Circle Lounge & Grill, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 431 (1949), and as such, encourages local authorities to adopt zoning regulations.

Gallivan v. Zoning Board of Appeals

71 Mass. App. Ct. 850 · Massachusetts Appeals Court · Jun 2, 2008

The case of Fitch v. Board of Appeals of Concord, 55 Mass. App. Ct. 748, 750-753 (2002), is consistent. … See Fitch v. Board of Appeals of Concord, 55 Mass. App. Ct. at 751 .

Palmer v. Board of Selectmen

2 Mass. App. Ct. 832 · Massachusetts Appeals Court · May 8, 1974

See Brucato *833 v. Lawrence, 338 Mass. 612, 617 (1959). The order that the writ issue is reversed. An order is to enter in the Superior Court dismissing the petition. Paul L. Lousier, Town Counsel, for the respondents.

Medeiros v. Board of Aldermen

350 Mass. 767 · Massachusetts Supreme Judicial Court · Feb 7, 1966

This notice was not given and thus the action of the respondent board in granting the special permit was invalid. … Howe v. Attorney Gen. 325 Mass. 268, 270 , and eases cited.

Ostroff v. Board of Appeals

4 Mass. App. Ct. 865 · Massachusetts Appeals Court · Dec 22, 1976

Giovannucci v. Board of Appeals of Plainville, ante, 239, 242 (1976). … Howe for the Board of Appeals of Lexington. Judgment affirmed.

Woods v. State Board of Parole

351 Mass. 556 · Massachusetts Supreme Judicial Court · Jan 5, 1967

See Gildea v. Commissioner of Correction, 336 Mass. 48, 51 (erroneous computation of good behavior deduction); Brown v. … Even by a writ of mandamus, the board may be required merely to consider a prisoner’s petition for parole. The board may not be required to exercise any discretion for the benefit of a prisoner. See Weinstein v.

Jacobs v. Rent Control Board

27 Mass. App. Ct. 1186 · Massachusetts Appeals Court · Aug 30, 1989

Brookline Rent Control Board, 385 Mass. 228, 232-233 (1982), Kahn v. … Gorin & Leeder Management Co. v. Rent Control Bd. of Cambridge, 18 Mass. App. Ct. 272, 276 (1984), Slavin v. Rent Control Board of Brookline, 26 Mass. App.

Carye v. Board of Assessors

394 Mass. 1001 · Massachusetts Supreme Judicial Court · Feb 7, 1985

As long as actual rents adequately reflect earning capacity, the board’s use of actual rents is an acceptable method of valuation. See, e.g., Fox Ridge Assocs. v. … Co. v. Assessors of Gardner, 377 Mass. 351 (1979). See also Assessors of Quincy v. Boston Consol. Gas Co., 309 Mass. 60, 64 (1941).

LaPointe v. License Board of Worcester

389 Mass. 454 · Massachusetts Supreme Judicial Court · Jun 14, 1983

LaPointe also argues that the decision of the board rested on inadmissible hearsay. The mere admission of hearsay before an administrative board is not a denial of procedural due process. See Moran v. … It is enough that the board exercise its discretion fairly and not act in an arbitrary and capricious manner. Id. Cf. Arnett v.

Olson v. Zoning Board of Appeal

324 Mass. 57 · Massachusetts Supreme Judicial Court · Mar 8, 1949

See Sanborn v. Rice, 129 Mass. 387 ; Bagnall v. Davies, 140 Mass. 76 ; Payson v. Burnham, 141 Mass. 547 ; Loud v. Pendergast, 206 Mass. 122 . The decision in H. W. Robinson Carpet Co. v. … See Lambert v. Board of Appeals of Lowell, 295 Mass. 224, 228 . As so modified the decree is affirmed with costs. So ordered.