Case law

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.

Camacho v. Board of Selectmen

27 Mass. App. Ct. 178 · Massachusetts Appeals Court · Mar 30, 1989

Gorman v. Peabody, 312 Mass. 560, 569 (1942). See Moore v. … See *182 Troland v. Malden, 332 Mass. 351, 356 (1955); Scalley v. Woburn, 358 Mass. 815, 816 (1971). Contrast Lafleur v. Chicopee, 352 Mass. 746, 753 (1967).

Weston v. Contributory Retirement Appeal Board

76 Mass. App. Ct. 475 · Massachusetts Appeals Court · Mar 18, 2010

Lisbon v. Contributory Retirement Appeal Bd., 41 Mass. App. Ct. 246 , 257 n.10 (1996). But ‘[judicial deference to an agency’s action “is not a principle of abdication,” ’ DiNatale v. … Ct. 401 , 404 n.2 (1995), quoting from Board of Educ. v. School Committee of Amesbury, 16 Mass. App. Ct. 508, 514 (1983), and ours is the power to determine pure questions of law.” Mackay, supra.

Doe v. Sex Offender Registry Board

79 Mass. App. Ct. 901 · Massachusetts Appeals Court · Apr 13, 2011

No. 89230 v. Sex Offender Registry Bd., 452 Mass. 764 (2008), the board had consistently interpreted G. … No. 151564 v. Sex Offender Registry Board, 456 Mass. 612 , 623 n.8 (2010), the court not only held that its decision in Doe, Sex Offender Registry Bd.

Howard v. State Board of Retirement

325 Mass. 211 · Massachusetts Supreme Judicial Court · Jan 5, 1950

The petitioner thereupon applied to the board for a hearing under § 16 (2). Ultimately the board refused this request. The board was right. … Wardwell v. Leggat, 291 Mass. 428, 430-431 . When his successor was appointed and qualified all his rights in the office came to an end.

Martin v. State Board of Parole

350 Mass. 210 · Massachusetts Supreme Judicial Court · Feb 7, 1966

Burns v. United States, 287 U. S. 216 . … See Conlon’s Case, 148 Mass. 168, 171 ; Murphy v. Commonwealth, 172 Mass. 264, 272 ; Kozlow-sky, petitioner, 238 Mass. 532, 536-537 ; Harding v. State Bd. of Parole, 307 Mass. 217, 220 .

Andrade v. Contributory Retirement Appeal Board

350 Mass. 447 · Massachusetts Supreme Judicial Court · Mar 11, 1966

We are of opinion that the appeal board gave a sufficient “ ‘guide to its reasons’ so that this court may ‘exercise . . . [its] function of appellate review.’ ” Hamilton v. Department of Pub. Util. 346 Mass. 130, 137 . … In the case of Essex County Retirement Bd. v.

Sayles v. Board of Public Works

222 Mass. 93 · Massachusetts Supreme Judicial Court · Oct 14, 1915

The board of public works are left free to select any legal way. There is an implied limitation that the assessment shall be proportional and reasonable. Chapin v. Worcester, 124 Mass. 464 . Howe v. … Upon the completion of any sidewalk by said board, or upon the completion of the reconstruction or repair of any sidewalk, said board shall ascertain, determine and certify the whole expense of such making, reconstruction

Robinson v. Planning Board of Wayland

23 Mass. App. Ct. 920 · Massachusetts Appeals Court · Dec 2, 1986

See Mailer v. Mailer, 387 Mass. 401, 407 (1982); Doten v. Doten, 395 Mass. 135, 140 (1985); Hawkins v. Hawkins, 397 Mass. 401, 408 (1986). … Contrast Tammaro v. Colarusso, 11 Mass. App. Ct. at 49 . Orders affirmed.

Butts v. Zoning Board of Appeals

18 Mass. App. Ct. 249 · Massachusetts Appeals Court · Jun 11, 1984

Since Carley has demonstrated a legitimate interest in the board’s proceedings, see Rafferty v. Sancta Maria Hosp., 5 Mass. App. … See McLaughlin v. Rockland Zoning Bd. of Appeals, 351 Mass. 678, 680-683 (1967); Ladd v. Board of Appeal of Malden, 352 Mass. 777 (1967); Pierce v. Board of Appeals of Carver, 369 Mass. 804, 809-812 (1976).

Vitale v. Planning Board of Newburyport

10 Mass. App. Ct. 483 · Massachusetts Appeals Court · Sep 8, 1980

While a planning board may not act on the basis of generalized community concerns, however real (see Daley Constr. Co. v. Planning Bd. of Randolph, 340 Mass. 149, 152-156 [1959]; Pieper v. … Such an approval is binding on a planning board as to those subjects channeled by statute for board of health review. Patelle v. Planning Bd. of Woburn, 6 Mass. App. Ct. 951 (1978). See also Baker v.

Town of Plainville v. Brown

4 Mass. L. Rptr. 587 · Massachusetts Superior Court · Nov 7, 1995

THE TOWN’S STATUTORY INDEMNIFICATION CLAIM IN PLAINVILLE V. BROWN A. … Brown testified in the contempt trial in M.C.O.P.. Local 135 v.

Nature Church v. Board of Assessors

384 Mass. 811 · Massachusetts Supreme Judicial Court · Dec 11, 1981

Berkshire Gas Co. v. Assessors of Williamstown, 361 Mass. 873 (1972). The board found that the appellant in this case filed its appeal petition on March 21, 1978. … MacDonald v. Carr, 355 Mass. 120,122 (1969). Commissioner of Corps, & Taxation v. Chilton Club, 318 Mass. 285,287 (1945). Assessors of Boston v. Suffolk Law School, supra. See Attorney Gen. v.

Bruni v. Planning Board

73 Mass. App. Ct. 663 · Massachusetts Appeals Court · Feb 10, 2009

As held in Beale v. … See Harrison v. Braintree, 355 Mass. 651, 655-656 (1969); Shea v. Danvers, 21 Mass. App. Ct. 996, 997-998 (1986).

PLANNING BOARD OF NORWELL v. Serena

27 Mass. App. Ct. 689 · Massachusetts Appeals Court · Aug 16, 1989

See Vetter v. Zoning Bd. of Appeal of Atteleboro, 330 Mass. 628, 630 (1953); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Alley v. Building Inspector of Danvers, 354 Mass. 6, 7-8 (1968); Raia v. … Board of Appeals of North Reading, 4 Mass. App. Ct. 318, 322 (1976); Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 803-804 (1981); Gordon v. Zoning Bd. of Appeals of Lee, 22 Mass. App.

Duteau v. Zoning Board of Appeals

47 Mass. App. Ct. 664 · Massachusetts Appeals Court · Sep 3, 1999

Compare Shoppers’ World, Inc. v. Beacon Terrace Realty, Inc., 353 Mass. 63, 68-69 (1967), and Healy v. Board of Appeals of Watertown, 356 Mass. 130, 131 (1969), with Pelletier v. Board of Appeals of Leominster, 4 Mass. … See Pendergast v.

Hayes v. Retirement Board of Newton

425 Mass. 468 · Massachusetts Supreme Judicial Court · Jul 17, 1997

The city appealed from this decision to the Contributory Retirement Appeal Board (CRAB) which rejected the administrative magistrate’s reasoning and affirmed the decision of the board. … As the board points out, “[t]he usual and ordinary meaning of the word ‘received’ does not include the term ‘would have received but for his injury,’ ” see Naples v.

Board of Assessors v. Pickwick Ltd.

351 Mass. 621 · Massachusetts Supreme Judicial Court · Jan 20, 1967

These appeals are brought by the board of assessors of the city of Newton (assessors) under G-. L. c. 58A, § 13, from decisions of the Appellate Tax Board (board) upon petitions filed by Pickwick Ltd., Inc. … Gloucester Ice & Cold Storage Co. v. Assessors of Gloucester, 337 Mass. 23 . Atlantic Ref. Co. v. Common *625 wealth, 339 Mass. 12 . Gloucester Community Pier Assn. Inc. v.

Gove v. Zoning Board of Appeals

444 Mass. 754 · Massachusetts Supreme Judicial Court · Jul 26, 2005

Because Chatham prohibits construction of new residences in the conservancy district, the zoning board of appeals of Chatham (board) denied the Greniers a building permit. … The board upheld the decision of the zoning officer. Gove and the Greniers then filed one suit against the selectmen and board and another against the conservation commission of Chatham.

Griffith v. Board of Appeals

27 Mass. App. Ct. 227 · Massachusetts Appeals Court · Apr 25, 1989

See Ranney v. Board of Appeals of Nantucket, 11 Mass. App. Ct. 112, 115 (1981). … Halko v.