Case law

Fisgeyer v. Brookline Rent Control Board

1983 Mass. App. Div. 357 · Massachusetts District Court, Appellate Division · Dec 15, 1983

The burden of proof is on the landlord, (Wallace v. Boston Rent Board, 1981 Mass. App. Ct. Adv. Sh. 1055, 1057-1058,) and it is the Board’s prerogative to assess credibility and find the facts. Smith College v. … The Nature Church v. Board of Assessors of Belchertown, 1981 Mass. Adv. Sh. 2318; MacDonald v. Carr, 355 Mass. 120, 122 (1969).

Pequot Associates v. Board of Assessors

376 Mass. 270 · Massachusetts Supreme Judicial Court · Aug 29, 1978

The only issues before us are whether the board’s decisions are supported by substantial evidence or are erroneous as matter of law. See generally New Bedford Gas & Light Co. v. … Sydney v. Commissioner of Corps. & Taxation, supra at 291.

Standerwick v. Zoning Board of Appeals

64 Mass. App. Ct. 337 · Massachusetts Appeals Court · Aug 26, 2005

Watros v. Greater Lynn Mental Health & Retardation Assn., 421 Mass. at 111. Marinelli v. Board of Appeals of Stoughton, 440 Mass. at 257-258 . … Ct. 707, 709 (1984); Bertrand v. Board of Appeals of Bourne, 58 Mass. App. Ct. 912, 912 (2003).

Doe v. Sex Offender Registry Board

85 Mass. App. Ct. 482 · Massachusetts Appeals Court · Jun 18, 2014

Based on a 1987 Federal kidnapping conviction, the Sex Offender Registry Board (SORB or board) notified John Doe of his duty to register and his preliminary classification as a level three sex offender. … Thus, although we show deference “to the expertise, technical competence, and specialized knowledge” of the board, see Pelonzi v.

Coe v. Sex Offender Registry Board

442 Mass. 250 · Massachusetts Supreme Judicial Court · Aug 3, 2004

In Doe v. … Meadows v. Board of Parole & Post-Prison Supervision, 181 Or. App. 565, 577-578 (2002).

Roach v. State Board of Retirement

331 Mass. 41 · Massachusetts Supreme Judicial Court · Jan 7, 1954

See Kinney v. Contributory Retirement Appeal Board, 330 Mass. 302 . The defendant board, accordingly, refuses to recognize that he has any right to an allowance upon retirement. … In Kinney v.

Mackay v. Contributory Retirement Appeal Board

56 Mass. App. Ct. 924 · Massachusetts Appeals Court · Dec 30, 2002

In both cases, the Teachers’ Retirement Board (board) declined to let them do so, and the board’s decision was upheld on their appeals to the Contributory Retirement Appeal Board (CRAB). … Ct. 401 , 404 n.2 (1995), quoting from Board of Educ. v. School Comm. of Amesbury, 16 Mass. App. Ct. 508, 514 (1983), and ours is the power to determine pure questions of law. See Raytheon Co. v.

Warrington v. Zoning Board of Appeals

78 Mass. App. Ct. 903 · Massachusetts Appeals Court · Nov 30, 2010

Accord, e.g., Marotta v. Board of Appeals of Revere, 336 Mass. 199, 202-203 (1957); Barvenik v. Aldermen of Newton, 33 Mass. App. Ct. 129, 131 (1992); Denneny v. Zoning Bd. of Appeals *905 of Seekonk, 59 Mass. App. … See Chongris v. Board of Appeals of Andover, 17 Mass. App. Ct. 999, 1000 (1984); Butts v. Zoning Bd. of Appeals of Falmouth, 18 Mass. App. Ct. 249, 253 (1984); Jaffe v. Zoning Bd. of Appeals of Newton, 34 Mass. App.

McPherson v. Board of Street Commissioners

251 Mass. 34 · Massachusetts Supreme Judicial Court · Jan 28, 1925

This duty the board cannot *38 delegate; nor can it make the decision or approval of any other a condition of its own determination. Commonwealth v. Staples, 191 Mass. 384 . Commonwealth v. Maletsky, 203 Mass. 241 . … Brown v. Newburyport, 209 Mass. 259 . The vote of revocation recites that “ the action of the board was under a misunderstanding ”; but the record before us fails to show anything in support of this assertion.

COMMONWEALTH v. COMMONWEALTH EMPLOYMENT RELATIONS BOARD & another.

101 Mass. App. Ct. 616 · Massachusetts Appeals Court · Sep 2, 2022

The reviewing court "must accord deference to the [board's] specialized knowledge and expertise, and to its interpretation of the applicable statutory provisions." Worcester v. … Ct. at 639 , "[w]e will only set the board's decision aside if the record points to an overwhelming probability of the contrary" (quotation and citation omitted). Anderson v.

Noone v. Contributory Retirement Appeal Board

34 Mass. App. Ct. 756 · Massachusetts Appeals Court · Jul 14, 1993

See Kelley v. Contributory Retirement Appeal Bd., 341 Mass. 611, 614 (1961). The State board denied Noone’s application, and Noone appealed the adverse decision to CRAB. See G. … See Campbell v. Contributory Retirement Appeal Bd. 17 Mass. App.

Wells v. Zoning Board of Appeals

68 Mass. App. Ct. 726 · Massachusetts Appeals Court · Apr 24, 2007

Seltzer v. Board of Appeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987), and cases cited. … Compare Willard v. Board of Appeals of Orleans, 25 Mass. App. Ct. 15 (1987); Dial Away Co. v. Zoning Bd. of Appeals of Auburn, 41 Mass. App. Ct. 165 (1996).

Sparks v. PLANNING BOARD OF WESTBOROUGH

2 Mass. App. Ct. 745 · Massachusetts Appeals Court · Dec 31, 1974

See Wickham v. Newfane, 190 *749 Misc. (N. Y.) 880 (1947). We find no conflict between the board’s interpretation of its regulations in this respect and the requirements of G. … Ct. 889 (1972) (see Lolos v.

Doe v. Sex Offender Registry Board

81 Mass. App. Ct. 904 · Massachusetts Appeals Court · Jan 4, 2012

Maintaining that this would deny him procedural due process rights, see Doe v. … See Commonwealth v. Bankert, 67 Mass. *906 App. Ct. 118, 121 (2006), quoting from Commonwealth v.

Timperio v. Zoning Board of Appeals

84 Mass. App. Ct. 151 · Massachusetts Appeals Court · Aug 16, 2013

See Hoffman v. Board of Zoning Appeal of Cambridge, 74 Mass. App. … In Preston v. Board of Appeals of Hull, 51 Mass. App.

Desy v. Board of Bar Examiners

452 Mass. 1012 · Massachusetts Supreme Judicial Court · Oct 20, 2008

Strigler v. Board of Bar Examiners, supra. Louis Desy, Jr., pro se. Katy E. Koski (Jessica G. Gray with her) for Board of Bar Examiners. Judgment affirmed. … We recently upheld the board’s decision as to that individual. Strigler v. Board of Bar Examiners, 448 Mass. 1027 (2007).

Sieber v. Zoning Board of Appeals

16 Mass. App. Ct. 985 · Massachusetts Appeals Court · Sep 16, 1983

The plaintiffs brought this action seeking (1) judicial review of a decision by the zoning board of appeals of Wellfleet (board), and (2) a de *986 claratory judgment that the board’s decision was contrary to the provisions … Harry Sarkis Terkanian for Zoning Board of Appeals of Wellfleet & others. The defendants Daniel C. and Barbara L.

Brown Rudnick Berlack Israels LLP v. Brooks

311 F. Supp. 2d 131 · District Court, D. Massachusetts · Mar 24, 2004

On October 9, 2003, Brown Rudnick Berlack Israels LLP (“Plaintiff’), a Massachusetts limited liability partnership, instituted this action against R. … Daynard, 290 F.3d at 52 (quoting “Automatic” Sprinkler Corp. of Am. v. Seneca Foods Corp., 361 Mass. 441 , 280 N.E.2d 423, 424 (1972)). 9 . Id. (quoting Int'l Shoe Co. v.

Brown Conditioning Co. v. Larkin Co.

37 Mass. App. Dec. 1 · Massachusetts District Court, Appellate Division · Jul 1, 1969

Whitney v. Whitney, 317 Mass. 253, 256 . Butler v. Cromartie, 339 Mass. 4 . Atlantic Building Corp. v. Whyte, 341 Mass. 234, 236-237 . … Soutier v. Kaplow, 330 Mass. 448, 450 . Butler v. Cromartie, 339 Mass. 4 . It was error to deny the defendant’s requested rulings.

G.J.T., Inc. v. Boston Licensing Board

397 Mass. 285 · Massachusetts Supreme Judicial Court · Apr 14, 1986

See City Council of Boston v. … Hanlon v. Rollins, 286 Mass. 444, 447 (1934).” International Org. of Masters v. Woods Hole, Martha’s Vineyard & Nantucket S.S. Auth., 392 Mass. 811, 813 (1984); Interstate Eng’g Corp. v.