Case law

General Electric Co. v. Board of Assessors

393 Mass. 591 · Massachusetts Supreme Judicial Court · Dec 31, 1984

See Boston Gas Co. v. Assessors of Boston, supra at 585. Therefore, we cannot say that the board abused its discretion, H.H. Hawkins & Sons v. … Brown v. Metropolitan Transit Auth., 341 Mass. 690, 695 (1961). Langan v. Pianowski, 307 Mass. 149, 152 (1940). Sweetser v.

Zaltman v. Board of Appeals of Stoneham

357 Mass. 482 · Massachusetts Supreme Judicial Court · May 8, 1970

We have recently held in Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277-278 , that a board may deny an exception even if the facts showed that a permit could be lawfully granted. … The board is required only to exercise its judgment in a manner untainted by capriciousness or an untenable legal ground. Gulf Oil Corp. v. Board of Appeals of Framingham, supra, and cases cited.

Murphy v. Board of Public Welfare

312 Mass. 698 · Massachusetts Supreme Judicial Court · Nov 4, 1942

Parks Shellac Co. v. Jones, 265 Mass. 108, 110 . An auditor’s report, where, as here, the findings are not to be final, is not a part of the record. Norman v. Barnes, 298 Mass. 434, 438 . … Palumbo v. Bambini, 295 Mass. 427, 428 . The appeal, therefore, was not properly on the files of the Superior Court, and it was proper practice for a judge of that court to dismiss it. See Day v.

Morris v. Board of Registration in Medicine

405 Mass. 103 · Massachusetts Supreme Judicial Court · Jun 12, 1989

See Salem v. … Arthurs v. Board of Registration in Medicine, 383 Mass. 299, 310 (1981).

Fedorchuk v. Contributory Retirement Appeal Board

26 Mass. App. Ct. 916 · Massachusetts Appeals Court · Jun 28, 1988

The Boston retirement board denied the applicant’s request for accidental disability retirement. From this denial the applicant claimed an appeal to the Contributory Retirement Appeal Board (CRAB). … Sutliff, Assistant Attorney General, for Contributory Retirement Appeal Board. Nicholas Poser, Special Assistant Corporation Counsel, for Boston Retirement Board.

Raymond v. Board of Registration in Medicine

387 Mass. 708 · Massachusetts Supreme Judicial Court · Dec 8, 1982

See Levy v. Board of Registration & Discipline in Medicine, supra at 527-528; Lawrence v. … The board has the authority to protect the image of the profession. Levy v.

Winer v. Zoning Board of Appeals

18 Mass. L. Rptr. 207 · Massachusetts Superior Court · Jul 29, 2004

Steege v. Board of Appeals of Stow, 26 Mass.App.Ct. 970, 971 (1988), citing Building Inspector of Mansfield v. Curvin, 22 Mass.App.Ct. 401, 494 (1986). … Id., citing Prime v. Zoning Board of Appeals of Norwell, 42 Mass.App.Ct. 796, 800 (1997). Likewise, “all agriculture conducted for profit is commercial in some degree.”

Carr v. Board of Appeals of Medford

334 Mass. 77 · Massachusetts Supreme Judicial Court · May 3, 1956

Board of Appeal of Boston, 324 Mass. 427 ; but there is no such requirement as to appeals by a municipal officer or board. Planning Board of Reading v. Board of Appeals of Reading, 333 Mass. 657, 662 . … Dowe, 315 Mass. 217 ), assessors (Rossire v. Boston, 4 Allen, 57 ), firemen (G regoire v. Lowell, 253 Mass. 119, 121 ), police officers (Hathaway v. Everett, 205 Mass. 246 ), and superintendent of streets (Ryder v.

Shuman v. Board of Aldermen of Newton

361 Mass. 758 · Massachusetts Supreme Judicial Court · May 8, 1972

Tahanto Associates, Inc. v. Board of Appeals of Bourne, 346 Mass. 762 ; Lane v. Selectmen of Great Barrington, 352 Mass. 523, 526-527 . Cf. also MacGibbon v. Board of Appeals of Duxbury, 347 Mass. 690, 692 ; S. … See Kurz v. Board of Appeals of No. Reading, 341 Mass. 110, 112 .

Stowell v. Board of Public Works

184 Mass. 416 · Massachusetts Supreme Judicial Court · Nov 25, 1903

There is a difference in this respect between the proceedings of a town and those of a board like this. Robbins v. Lexington, 8 Cush. 292 . Taber v. New Bedford, 135 Mass. 162 . Foley v. … White v. Foxborough, 151 Mass. 28 .

Kaplan v. Contributory Retirement Appeal Board

51 Mass. App. Ct. 201 · Massachusetts Appeals Court · Mar 23, 2001

Brown, J. … L. c. 32, § 5(l)(m). 2 The denial was upheld by the Contributory Retirement Appeal Board (CRAB) and then by a judgment of the Superior Court.

French v. Board of Assessors of Boston

383 Mass. 481 · Massachusetts Supreme Judicial Court · Apr 24, 1981

We have long recognized the board’s expertise in tax matters. See Assessors of Quincy v. Boston Consol. Gas Co., 309 Mass. 60, 72 (1941). … See, e.g., Tregor v. Assessors of Boston, 377 Mass. 602, 611-612 , cert, denied, 444 U.S. 841 (1979); Beardsley v. Assessors of Foxborough, 369 Mass. 855 (1976); Shoppers’ World, Inc. v.

Board of Selectmen of Wrentham v. Monson

355 Mass. 715 · Massachusetts Supreme Judicial Court · Apr 18, 1969

See Eggert v. Board of Appeals of Chicago, 29 Ill. 2d 591 . The issue for our determination is whether failure to comply with license regulations destroys the right to continue an otherwise valid nonconforming use. … See Henning v. Goldman, 8 Misc. 2d. (N. Y.) 228, 229; Harbison v. Buffalo, 4 N. Y. 2d 553, 557-558. Decree affirmed. 1 The rationale of this case was later cut back by Andover v. Lake, 89 N. J.

Manego v. Orleans Board of Trade

598 F. Supp. 231 · District Court, D. Massachusetts · Nov 27, 1984

In the first case, Manego v. Board of Selectmen of the Town of Orleans, C.A. No. 38824 (“Manego I”), the plaintiff sought a writ of mandamus from the Massachusetts Superior Court. … Duke & Co. v. Foerster, 521 F.2d 1277 (3rd Cir. 1975).

Silverman v. Board of Registration in Optometry

344 Mass. 129 · Massachusetts Supreme Judicial Court · Apr 9, 1962

Commonwealth v. Brown, 302 Mass. 523 (dentist). Matter of Cohen, 261 Mass. 484 (attorney). Semler v. Oregon State Bd. of Dental Examrs. 294 U. S. 608 (dentist). … Commonwealth v. Brown, 302 Mass. 523, 526 . Yazoo & Miss. Valley R.R. v. Jackson Vinegar Co. 226 U. S. 217, 219-220 . Gorieb v. Fox, 274 U. S. 603, 606 .

Adams v. Contributory Retirement Appeal Board

33 Mass. App. Ct. 171 · Massachusetts Appeals Court · Aug 13, 1992

Morris v. Board of Registration in Med., 405 Mass. 103, 112-113 (1989). … See Morris v. Board of Registration in Med., 405 Mass. at 112-113 . We are of opinion that Adams’s duties exposed her to an identifiable condition which is not common to most occupations.

Dabrieo v. Massachusetts Parole Board

94 F. Supp. 3d 1 · District Court, D. Massachusetts · Mar 26, 2015

P. 15(c)(1)(B); see Mayle v. … Lynch v. Hubbard, 47 F.Supp.2d 125, 127 (D.Mass.1999).

Chater v. Board of Appeals of Milton

348 Mass. 237 · Massachusetts Supreme Judicial Court · Dec 9, 1964

See Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 354 . See also County of DuPage v. Halkier, 1 Ill. 2d 491, 495-496 . … Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 .

Tosi v. Boston Rent Control Board

13 Mass. App. Ct. 921 · Massachusetts Appeals Court · Feb 1, 1982

See Mayo v. Boston Rent Control Admr., 365 Mass. 575, 576 (1974). … An examination of the record shows that this contention was not raised before the board, in the plaintiff’s pleadings, or in the Housing Court. “It cannot be raised for the first time before this court.” Milton v.

DiGiovanni v. Board of Appeals of Rockport

19 Mass. App. Ct. 339 · Massachusetts Appeals Court · Feb 13, 1985

See Dion v. Board of Appeals of Waltham, 344 Mass. 547, 553-554 (1962); Spalke v. Board of Appeals of Plymouth, 7 Mass. App. Ct. 683 , 685 *344 (1979). … Stark v. Board of Appeals of Quincy, 341 Mass. 118, 122 (1960). Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 163 (1962). Smith v. Zoning Bd. of Appeals of Scituate, 347 Mass. 755 , 759 (1964).