Case law

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.

Kavet v. Board of Assessors

376 Mass. 927 · Massachusetts Supreme Judicial Court · Jul 24, 1978

See Assessors of Weymouth v. Curtis, 375 Mass. 493, 501 (1978), citing Shoppers’ World, Inc. v. Assessors of Framingham, 348 Mass. 366 , 377-378 n.10 (1965). … L. c. 58A, § 13; Beardsley v. Assessors of Foxborough, 369 Mass. 855 , 856 n.3 (1976).

Board of Selectmen v. Governor

368 Mass. 814 · Massachusetts Supreme Judicial Court · Sep 5, 1975

We agree, in our further appellate review of this case, with the conclusions expressed by the Appeals Court in its opinion in Selectmen of Sterling v. The Governor, 2 Mass. App. Ct. 597 (1974). … It was the duty of the board of selectmen to establish with precision in the Superior Court the record which was before the respondents, as the authority cited by the Appeals Court amply shows.

Board of Assessors v. Smith

357 Mass. 778 · Massachusetts Supreme Judicial Court · Jun 3, 1970

The board was warranted, in its discretion, in receiving his testimony as to the value. Willey v. Cafrella, 336 Mass. 623, 624-625 . Southwick v. Massachusetts Turnpike Authy. 339 Mass. 666, 668-669 . Root v. … Decisions of the Appellate Tax Board affirmed.

Board of Education v. School Committee

16 Mass. App. Ct. 508 · Massachusetts Appeals Court · Aug 10, 1983

Cliff House Nursing Home, Inc. v. Rate Setting Commn., ante 300, 306 (1983). See Finkelstein v. Board of Registration in Optometry, 370 Mass. 476, 478 (1976), and cases cited. Nothing in Commonwealth v. … Board of Educ., 362 Mass. 417 , 441 n.22 (1972). It has been so with other subjects. See, e.g., Skidmore v.

Doe v. Sex Offender Registry Board

82 Mass. App. Ct. 67 · Massachusetts Appeals Court · Jun 26, 2012

See also Doe v. … No. 972 v.

Bjorklund v. Zoning Board of Appeals

450 Mass. 357 · Massachusetts Supreme Judicial Court · Jan 7, 2008

This case, transferred here on our own motion, raises the issue unresolved in Bransford v. … The bracketed phrase “structure or” appearing in the second sentence quoted above was first supplied by Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15, 21 (1987), and later noted and applied in Rockwood v.

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.

Schmidt v. State Retirement Board

5 Mass. L. Rptr. 245 · Massachusetts Superior Court · Mar 18, 1996

Plaintiff appealed the State Retirement Board’s decision to the Contributory Retirement Appeal Board (CRAB). On November 15, 1993, the Administrative Magistrate issued a decision affirming the State Retirement Board. … ; (iv) shall have filed such written application with said board Plaintiff meets these eligibility criteria for early retirement benefits.

Austin v. Board of Appeals

346 Mass. 762 · Massachusetts Supreme Judicial Court · May 2, 1963

This is a bill in equity similar to that in Tahanto Associates, Inc. v. Board of Appeals of Bourne, decided herewith. See “brief statement Of the grounds and reasons of the decision” in that ease.

Hunt v. Board of Appeals

352 Mass. 782 · Massachusetts Supreme Judicial Court · Jun 5, 1967

The judge, after hearing, quite rightly annulled the decision of the board. The board made none of the findings requisite to the granting of a variance. G. L. c. 40A, § 15. Barnhart v. … Board of Appeals of Scituate, 343 Mass. 455 . Coolidge v. Zoning Bd. of Appeals of Framingham, 343 Mass. 742, 744-745 .

Kelley v. Contributory Retirement Appeal Board

341 Mass. 611 · Massachusetts Supreme Judicial Court · Jan 6, 1961

There was no lack of jurisdiction in the appeal board. Compare First Christian Church v. Brownell, 332 Mass. 143, 147 ; Marotta v. Board of Appeals of Revere, 336 Mass. 199, 202-205 ; Singer Sewing Mach. Co. v. … board as noted in Quincy Retirement Bd. v.

Colarusso v. Teachers' Retirement Board

378 Mass. 470 · Massachusetts Supreme Judicial Court · Jul 5, 1979

Frieda sued the defendant board for the benefits in question, and the board interpleaded Marie and the two adult children of her marriage to Fiorindo. The sole issue tried was the validity of the Nevada divorce. … Nickerson v. Fiduciary Trust Co., 6 Mass. App. Ct. 317, 318 (1978). Cf. Fazio v. Fazio, 375 Mass. 394, 399 (1978) (under former practice). In this case, as in Ragucci v.

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).

Foresta v. Contributory Retirement Appeal Board

453 Mass. 669 · Massachusetts Supreme Judicial Court · Apr 24, 2009

See Houde v. … See Kelley v.

McCabe v. Board of Assessors

402 Mass. 728 · Massachusetts Supreme Judicial Court · Jul 6, 1988

“A decision of the board will only be disturbed if it was not supported by ‘substantial evidence,’ or was tainted by an error of law. ” Tenneco Inc. v. … We note, however, that the board took a view of the subject property and of the comparable properties. Whether the other properties were “comparable” was within the board’s sound discretion. See Alstores Realty Corp. v.

Monks v. Zoning Board of Appeals

37 Mass. App. Ct. 685 · Massachusetts Appeals Court · Nov 28, 1994

Compare Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 431 (1949). … See Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 476 (1986); Cohen v. Zoning Bd. of Appeals of Plymouth, supra at 624 & n.5.

Delgaudio v. Board of Appeals

1 Mass. App. Ct. 850 · Massachusetts Appeals Court · Nov 2, 1973

Planning Board of Barnstable v. Board of Appeals of Barnstable, 358 Mass. 824 (1971). … Gaunt v. Board of Appeals of Methuen, 327 Mass. 380, 381-382 (1951).

Foxboro Associates v. Board of Assessors

385 Mass. 679 · Massachusetts Supreme Judicial Court · Apr 1, 1982

Assessors of Quincy v. Boston Consol. Gas Co., 309 Mass. 60, 66 (1941). See also Correia v. … v.