Case law

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.

O'Brien v. Contributory Retirement Appeal Board

76 Mass. App. Ct. 901 · Massachusetts Appeals Court · Feb 18, 2010

Based on a recent opinion of the Supreme Judicial Court — Pelonzi v. … See Pelonzi v. Retirement Bd. of Beverly, 451 Mass. at 477 n.5.

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.

Gallagher v. Contributory Retirement Appeal Board

4 Mass. App. Ct. 1 · Massachusetts Appeals Court · Jan 9, 1976

L. c. 32, § 3[2] [d]; Andrade v. … See Bianchi v. Retirement Bd. of Somerville, 359 Mass. 642, 651-652 (1971). The judgment of the Superior Court is reversed, and the decisions of the appeal board and of the local board are set aside.

Brady v. State Board of Retirement

29 Mass. L. Rptr. 302 · Massachusetts Superior Court · Nov 23, 2011

Merisme v. Board of Appeals on Motor Vehicle Liab. Policies and Bonds, 27 Mass.App.Ct. 470, 474 (1989). … In Gaw v.

Lamb v. Zoning Board of Appeals

76 Mass. App. Ct. 513 · Massachusetts Appeals Court · Apr 2, 2010

See, e.g., Raia v. Board of Appeals of North Reading, 4 Mass. App. … Although variances are to be granted sparingly, Damaskos v. Board of Appeal of Boston, 359 Mass. 55, 61 (1971), we see nothing in G.

Robinson v. William Brown & Sons Co.

3 Mass. App. Div. 53 · Massachusetts District Court, Appellate Division · Dec 20, 1937

Bonfatti v. Zoning Board of Appeals

48 Mass. App. Ct. 46 · Massachusetts Appeals Court · Oct 1, 1999

Board of Appeals of Spencer, 22 Mass. App. Ct. 83, 85-86 (1986), citing with approval Hogan v. Hayes, 19 Mass. App. … “Section V-H(d) and (e). Section V-H(g). The zoning board was represented by different counsel on appeal.

Meyer v. Planning Board of Westport

29 Mass. App. Ct. 167 · Massachusetts Appeals Court · Aug 27, 1990

Arrigo v. Planning Bd. of Franklin, 12 Mass. App. Ct. 802, 809 (1981). See also Lyman v. Planning Bd. of Winchester, 352 Mass. 209, 213-214 (1967); North Landers Corp. v. … This assists a reviewing court in considering, in the context of the discretion reposed in the board, whether the board has acted in the public interest. See Lyman v.

Batchelder v. Planning Board of Yarmouth

31 Mass. App. Ct. 104 · Massachusetts Appeals Court · Jul 23, 1991

Brown, J. … See also Hahn v. Planning Board of Stoughton, 24 Mass. App. Ct. 553, 556 (1987), where this court reiterated that G.

Dube v. Contributory Retirement Appeal Board

50 Mass. App. Ct. 21 · Massachusetts Appeals Court · Aug 21, 2000

Co. v. Department of Envtl. Protection, 429 Mass. 798, 803 (1999), quoting from King v. Viscoloid Co., 219 Mass. 420, 425 (1914). … Dartt v. Browning-Ferris Indus., Inc. (Mass.), 427 Mass. 1, 9 (1998).

Board of Assessors v. Vincent Club

351 Mass. 10 · Massachusetts Supreme Judicial Court · Jun 6, 1966

All such gifts shall be unrestricted and shall be used at the discretion of the Board of Trustees of the Hospital. … R. v. Lowell, 204 Mass. 487, 488, 493-494 . The decision of the Appellate Tax Board is affirmed with costs to the taxpayer. So ordered.

Board of Selectmen v. The Governor

2 Mass. App. Ct. 597 · Massachusetts Appeals Court · Oct 9, 1974

This petition for a writ of certiorari was brought by the board of selectmen of the town of Sterling (petitioner) against the Governor and the members of the Executive Council (respondents) to quash their decision *598 awarding … Attorney Gen. v. Board of Pub. Welfare of Wilmington, 328 Mass. 468, 471 (1952). DiRado v. Civil Serv. Commn. 352 Mass. 130, 132 (1967). See Southwick Birds & Animals, Inc. v.

Chomerics, Inc. v. Board of Assessors

6 Mass. App. Ct. 394 · Massachusetts Appeals Court · May 31, 1978

These are consolidated actions for declaratory and injunctive relief, both brought by taxpayers of the city of Woburn (city) against the city’s board of assessors (board) and tax collector. … See also Rick Appeal, 402 Pa. 209, 210-211 (1961); Deitch v. Board of Property Assessment, 417 Pa. 213, 218-221 (1965); Kays, Inc. v. Board of Tax Review of New Haven, 170 Conn. 477 (1976).

Wood v. Board of Election Commissioners

269 Mass. 67 · Massachusetts Supreme Judicial Court · Oct 10, 1929

Rowe v. Tuck, 149 Ga. 88 . Wachter v. McEvoy, 125 Md. 399, 407, 408 . Forman v. Bostwick, 139 App. Div. (N. Y.) 333, 334. State v. Carroll, 57 Wash. 202 . Other cases to the same point are collected in 5 Am. L. … Graham v. Roberts, 200 Mass. 152, 157 . Attorney General v. Tufts, 239 Mass. 458, 480 .

Corliss v. Board of Bar Examiners

437 Mass. 1023 · Massachusetts Supreme Judicial Court · Aug 16, 2002

See Wei Jia v Board of Bar Examiners, 427 Mass. 777, 782-783 (1998) (judicial review of board’s recommendation is de nova). … Barshak for Board of Bar Examiners. Corliss has made no showing that the board treated him any differently than it would any other applicant who presented a history of “encounters with the criminal law.” See Murphy v.

Newell v. Rent Board of Peabody

378 Mass. 443 · Massachusetts Supreme Judicial Court · Jul 5, 1979

Prescott v. Secretary of the Commonwealth, 299 Mass. 191, 200-204 (1938). Chastleton Corp. v. Sinclair, 264 U.S. 543, 547-548 (1924). … Longwood Hosp., 373 Mass. 645, 649-650 [1977]; Commonwealth v. Petralia, 372 Mass. 452, 455-459 [1977]; Pinnick v. Cleary, 360 Mass. 1, 27-28 [1971]).

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).

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).

Choate v. Zoning Board of Appeals

67 Mass. App. Ct. 376 · Massachusetts Appeals Court · Sep 15, 2006

See Bertrand v. Board of Appeals of Bourne, 58 Mass. App. Ct. 912, 912 (2003) (separate taxation of two nonconforming lots insufficient justification for variance); McGee v. Board of Appeal of Boston, 62 Mass. App. … Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236, 238 (2001), quoting from Seltzer v. Board of Appeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987). See Heavey v. Board of Appeals of Chatham, 58 Mass. App.