Case law

Mullin v. Planning Board of Brewster

17 Mass. App. Ct. 139 · Massachusetts Appeals Court · Nov 30, 1983

Board of Zoning Adjustment of *142 Boston, 336 Mass. 682, 684-685 (1958). See also Sesnovich v. Board of Appeal of Boston, 313 Mass. 393, 396 (1943); contrast Morgan v. Banas, 331 Mass. 694, 696-697 (1954). … L. c. 40A, § 9 (see O’Donnell v. Board of Appeals of Billerica, 349 Mass. 324, 327 [1965]; Milton Commons Assoc. v. Board of Appeals of Milton, 14 Mass. App.

McCarthy v. Planning Board of Edgartown

381 Mass. 86 · Massachusetts Supreme Judicial Court · Jul 2, 1980

The board appealed to the Appeals Court, and we granted the board’s application for direct appellate review. The plaintiff claims that its plan does not show a “subdivision” as defined in G. … Auth. v.

Tanque v. Board of Health

47 Mass. App. Dec. 69 · Massachusetts District Court, Appellate Division · Nov 11, 1971

This is a petition for review brought under G.L.c.111, §125A which provides for a review in the District Court of an order of a Board of Health that adjudges the operation of a farm to be a nuisance. … The Board contends that the petitioners are not entitled to a review because §125A pertains to the operation of a “farm” whereas its order pertains to the operation of a “piggery”.

Francesconi v. Planning Board of Wakefield

345 Mass. 390 · Massachusetts Supreme Judicial Court · Feb 4, 1963

See Rettig v. Planning Bd. of Rowley, 332 Mass. 476, 480-481 . … Loring v. Mercier, 318 Mass. 599 . To permit fuller development of the facts in the court below, the decree should be reversed.

Kuklinska v. Planning Board of Wakefield

357 Mass. 123 · Massachusetts Supreme Judicial Court · Mar 5, 1970

Morin v. Clark, 296 Mass. 479, 483 . Shelburne Shirt Co. Inc. v. Singer, 322 Mass. 262, 265 . … But in passing on the correctness of the board’s decision it is incumbent on the court (the master here) to make its own finding. Rettig v. Planning Bd. of Rowley, 332 Mass. 476, 479 .

Machado v. Board of Public Works

321 Mass. 101 · Massachusetts Supreme Judicial Court · Mar 3, 1947

To the same effect are Lowell v. Boston, 111 Mass. 454 , Opinion of the Justices, 204 Mass. 607 , 610-611, Salisbury Land & Improvement Co. *104 v. Commonwealth, 215 Mass. 371, 376-377 , Riverbank Improvement Co. v. … Parks v. Mayor & Aldermen of Boston, 8 Pick. 218 , 227. Copeland v. Packard, 16 Pick. 217 , 221. Crocket v. Boston, 5 Cush. 182 , 190-191. Atkinson v. City Council of Newton, 169 Mass. 240, 242 . Southborough v.

Hoffman v. Board of Zoning Appeal

74 Mass. App. Ct. 804 · Massachusetts Appeals Court · Aug 10, 2009

Bar-venik v. Board of Alderman of Newton, 33 Mass. App. Ct. 129, 131 (1992). … See Seltzer v. Board of Appeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987).

Williams v. Contributory Retirement Appeal Board

304 Mass. 601 · Massachusetts Supreme Judicial Court · Dec 28, 1939

In Goodale v. … In the case of Cogan v.

Moe v. Sex Offender Registry Board

444 Mass. 1009 · Massachusetts Supreme Judicial Court · Jun 28, 2005

Stowe v. Bologna, 32 Mass. App. Ct. 612, 615 (1992), S.C., 415 Mass. 20 (1993), and cases cited. See Vigoda v. … Alan Co. v. Interstate Commerce Comm’n, *1010 897 F.2d 561 , 562 n.1 (D.C. Cir. 1990), citing Commonwealth v. Interstate Commerce Comm’n, 590 F.2d 1187, 1194 (D.C.

Anderson v. Commonwealth Employment Relations Board

73 Mass. App. Ct. 908 · Massachusetts Appeals Court · Jan 23, 2009

Ct. 621, 624 (1996), giving “deference to the [board’s] specialized knowledge and expertise, and to its interpretation of the applicable statutory provisions.” Worcester v. … We will only set the board’s decision aside if the record “points to an overwhelming probability of the contrary.” New Boston Garden Corp. v.

Brown v. Cloverleaf Chevrolet, Inc.

8 Mass. L. Rptr. 708 · Massachusetts Superior Court · Jul 27, 1998

(“Cloverleaf”) filed a motion to dismiss the 93A claim filed in this action by plaintiff Richard Brown (“Brown"). … While conduct occurring in the context of an employer-employee relationship does not fall within the purview of protection provided by G.L.c. 93A, Manning v.

Hall v. Zoning Board of Appeals

28 Mass. App. Ct. 249 · Massachusetts Appeals Court · Feb 6, 1990

See Rando v. Board of Appeals of Bedford, 348 Mass. 296, 297-298 (1965). The use of the plaintiffs’ property by the tenants fits, in our view, well within the concept of “lodging houses,” so construed. … Compare Commonwealth v. Jaffe, 398 Mass. at 56-57 (1986). 8 Thus, contrary to the argument of the board, those who become tenants of the owners, even if they number more than four, are not necessarily “lodgers.” 9 2.

Livoli v. Zoning Board of Appeals

42 Mass. App. Ct. 921 · Massachusetts Appeals Court · Mar 3, 1997

Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 478 (1986). We are to avoid an absurd result when the language is susceptible to sensible meaning. Green v. … Board of Appeal of Norwood, 358 Mass. 253, 258 (1970). Champigny v. Commonwealth, 422 Mass. 249, 251 (1996). Marshall v. Topsfield, 13 Mass. App. Ct. 425, 428 (1982).

Board of Health v. Hagopian

37 Mass. App. Ct. 174 · Massachusetts Appeals Court · Aug 18, 1994

Clean Harbors of Braintree, Inc. v. Board of Health of Braintree, 415 Mass. 876, 883 (1993). Compare Attorney Gen. v. … See Board of Health of Holbrook v. Nelson, 351 Mass. 17, 19 (1966)(court let stand an injunction obtained by a board of health to enjoin dumping on an unapproved site under § 150A); Seekonk v. Nunes, 2 Mass. App.

Planning Board v. Hingham Campus, LLC

438 Mass. 364 · Massachusetts Supreme Judicial Court · Jan 6, 2003

Marashlian v. Zoning Bd. of Appeals of Newburyport, 421 Mass. 719, 721 (1996), citing Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 430 (1949). … Board of Appeals of Hanover v. Housing Appeals Comm., supra at 347.

Kramer v. Zoning Board of Appeals

65 Mass. App. Ct. 186 · Massachusetts Appeals Court · Nov 29, 2005

Milton Commons Assocs. v. Board of Appeals of Milton, 14 Mass. App. Ct. 111, 114-115 (1982) (citation omitted). … Rousseau v. Building Inspector of Framingham, 349 Mass. 31, 36-37 (1965), quoting from Kane v. Board of Appeals of Medford, 273 Mass. at 104 .

McCausland v. Board of Appeals

6 Mass. App. Ct. 288 · Massachusetts Appeals Court · Apr 26, 1978

The plaintiff appealed to the Superior Court from a decision of the board of appeals (board), rendered under G. … Judgment was entered annulling the decision of the board, which has now appealed to this court. We commence our discussion with a summary of the relevant provisions of the by-law.

Doliner v. Planning Board of Millis

349 Mass. 691 · Massachusetts Supreme Judicial Court · Dec 7, 1965

See Ward & Johnson, Inc. v. Planning Bd. of Whitman, 343 Mass. 466, 467 . … Inc. v. Planning Bd. of Randolph, 340 Mass. 149, 156 , and Pieper v.

Brown-Forman Corp. v. Alcoholic Beverages Control Commission

65 Mass. App. Ct. 498 · Massachusetts Appeals Court · Feb 6, 2006

L. c. 30A, § 14(7), and discussed in Athol Daily News v. Board of Review of the Div. of Employment & Training, 439 Mass. 171, 174 (2003). See Buchanan v. Contributory Retirement Appeal Bd., 65 Mass. App. … Athol Daily News v. Board of Review of the Div. of Employment & Training, 439 Mass. at 174 . When, however, pure questions of law are at issue, we exercise de nova review. Buchanan v.

McCarthy v. State Board of Retirement

331 Mass. 46 · Massachusetts Supreme Judicial Court · Jan 7, 1954

After the passage of St. 1952, c. 634, the defendant board refused to make further payments to him. … The present case differs from Kinney v. Contributory Retirement Appeal Board, 330 Mass. 302 , and Roach v.