Case law

Rizzo v. Board of Election Commissioners

403 Mass. 20 · Massachusetts Supreme Judicial Court · Jul 14, 1988

S&D Bernardi, Inc. v. Brown

16 Mass. L. Rptr. 33 · Massachusetts Superior Court · Feb 6, 2003

GTE Products Corp. v. Stewart, 414 Mass. 721, 722-23 (1993); Packaging Indus. Group, Inc. v. Cheney, 380 Mass. 609, 616-17 (1980). … Commonwealth v. Mass. CRINC, 392 Mass. 443, 447 (1983); Biotti v. Board of Selectmen of Manchester, 25 Mass.App.Ct. 637, 640 (1988). MassHealth is a cooperative federal-state program for the financially needy. Tarin v.

Zackman v. Brookline Rent Control Board

1989 Mass. App. Div. 171 · Massachusetts District Court, Appellate Division · Aug 10, 1989

his occupancy of one of the rental units (Zackman v. … The Board suggests that the case of Embers of Salisbury, Inc. v.

Scott v. Board of Election Commissioners

346 Mass. 388 · Massachusetts Supreme Judicial Court · Oct 18, 1963

The judge decided in favor of the respondent board. … Thereafter the board of aider-men appropriated about $180,000, and installation of equipment commenced in February, 1963.

Salah v. Board of Appeals of Canton

2 Mass. App. Ct. 488 · Massachusetts Appeals Court · Aug 5, 1974

Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 300 (1972). See Tambone v. Board of *496 Appeal of Stoneham, 348 Mass. 359, 365 (1965); Slater v. Board of Appeals of Brookline, 350 Mass. 70, 74 (1966). … [the board’s decision] . . ..” G. L. c. 40A, § 18. See Josephs v.

Davidson v. Board of Selectmen of Duxbury

358 Mass. 64 · Massachusetts Supreme Judicial Court · Jul 1, 1970

The board’s “somewhat wide discretion” (see Scudder v. Selectmen of Sandwich, 309 Mass. 373, 376-377 ; Kidder v. … See Byfield v. Newton, 247 Mass. 46, 53 ; Marcus v. Street Commrs. 252 Mass. 331, 335 ; DiRado v. Civil Serv. Commn. 352 Mass. 130, 132-133 .

Berman v. Board of Registration in Medicine

355 Mass. 358 · Massachusetts Supreme Judicial Court · Feb 6, 1969

Assuming that he has the right to compel the board to consider whether to act in respect of a matter of public concern within its jurisdiction, brought to its attention (Brewster v. … Sherman, 195 Mass. 222, 224 , Parrotta v. Hederson, 315 Mass. 416, 418 ), the petition shows that the board has considered the matter.

Martin v. Rent Control Board of Cambridge

19 Mass. App. Ct. 745 · Massachusetts Appeals Court · Apr 30, 1985

In Van Arsdale v. … As a result of that supervision the board would likely become embroiled in the complex and controversial issue of what constitutes a “family.” See, e.g., Belle Terre v. Boraas, 416 U.S. 1 (1974); Moore v.

Nyquist v. Board of Appeals of Acton

359 Mass. 462 · Massachusetts Supreme Judicial Court · May 10, 1971

Smith v. Board of Appeals of Needham, 339 Mass. 399, 402 . See Ward & Johnson, Inc. v. Planning Bd. of Whitman, 343 Mass. 466, 467 ; Roland Lavoie Constr. Co. Inc. v. Building Inspector of Ludlow, 346 Mass. 274 . … In McCarthy v.

Siletchnik v. Brookline Rent Control Board

1991 Mass. App. Div. 125 · Massachusetts District Court, Appellate Division · Aug 27, 1991

Healthco, Inc. v. E&S Realty Associates, 400 Mass. 700, 702 (1987). … Scotti v. Bullock, 225 Mass. 510, 512 (1917).

Northwest Associates v. Board of Assessors

386 Mass. 1006 · Massachusetts Supreme Judicial Court · Jul 1, 1982

The Appellate Tax Board (board) did not abuse its discretion in denying the motion of Northwest Associates, the taxpayer, to expunge the taxpayer’s withdrawal of its appeal to the board or in denying the taxpayer’s motion … Decision of the Appellate Tax Board affirmed.

LaCharite v. Board of Appeals of Lawrence

327 Mass. 417 · Massachusetts Supreme Judicial Court · May 16, 1951

V of the ordinance a nonconforming use of a building or land existing at the time of the passage of the ordinance may be continued. … We are not permitted to inquire into the merits of the decision of the board of October 2, 1947, because no appeal was taken from that decision as provided by § 30 of c. 40. It is binding upon us. See Hull v.

Board of Appeals of Rockport v. DeCarolis

32 Mass. App. Ct. 348 · Massachusetts Appeals Court · Apr 1, 1992

Starrett, the chairperson of the board, and that, as one member of a public board, he has no standing to appeal. State Bd. of Retirement v. Contributory Retirement Appeal Bd., 342 Mass. 58, 59 (1961). See also Carr v. … The individual members of a public board need not be named as parties to a suit brought on behalf of the board. School Comm. of Boston v. Reilly, 362 Mass. 334, 339-340 (1972). Ciszewski v. Industrial Acc.

Cohen v. Planning Board

1 Mass. L. Rptr. 625 · Massachusetts Superior Court · Mar 16, 1994

Brown v. Sneider, 9 Mass.App.Ct. 329, 331 (1980). … The planning board therefore could not approve this plan as drawn. Genesis relies on Walter Kassuba Realty Corp. v. Akeson, 359 Mass. 725, 727, 728 (1971).

Parrish v. Board of Appeal of Sharon

351 Mass. 561 · Massachusetts Supreme Judicial Court · Jan 9, 1967

In Deutschmann v. Board of Appeals of Canton, 325 Mass. 297, 299 , we held that “milk in cartons and in paper cups, milk shakes, ice cream and cheese . . . … Bicknell Realty Co. v. Board of Appeal of Boston, 330 Mass. 676, 679 .

Stivaletta v. Zoning Board of Appeals

12 Mass. App. Ct. 994 · Massachusetts Appeals Court · Dec 15, 1981

Board of Appeals of Concord, 9 Mass. App. Ct. 477, 481 (1980). See also Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 558-560 (1954); Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. … Dowd v. Board of Appeals of Dover, 5 Mass. App. Ct. 148, 154-155 (1977). Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. at 487-488 .

Dowd v. Board of Appeals of Dover

5 Mass. App. Ct. 148 · Massachusetts Appeals Court · Feb 24, 1977

Gulf Oil Corp. v. Board of Appeals of Framingham, supra. Humble Oil & Ref. Co. v. Board of Appeals of Amherst, 360 Mass. 604, 606 (1971). … Accord, Bartz v. Board of Adjustment, 80 Wash. 2d 209, 221 (1972); Hofstra College v. Board of Appeals of Old Westbury, 24 Misc. 2d 248, 260 (Sup. Ct.), app. dism. 12 App. Div. 2d 631 (N.Y. 1960). Donadio v.

Solar v. Zoning Board of Appeals

33 Mass. App. Ct. 398 · Massachusetts Appeals Court · Oct 9, 1992

L. c. 40A, § 9. 4 See Maki v. Yarmouth, 340 Mass. 207, 212-213 (1960); Shuman v. Aldermen of *401 Newton, 361 Mass. 758 , 766-767 & n.11 (1972); Hopengarten v. Board of Appeals of Lincoln, 17 Mass. App. … The stated purpose of the board’s new policy, to meet all new owners of accessory apartments, shows that the “sun *402 set provision” is unrelated to the land. See Dowd v. Board of Appeals of Dover, 5 Mass. App.

Reiman v. Brookline Rent Control Board

1985 Mass. App. Div. 186 · Massachusetts District Court, Appellate Division · Sep 26, 1985

Lynch v. Board of Appeals of Boston, 1 Mass. App. Ct. 353, 356 (1973). This view pertains not only to failure to commence appeal in a timely manner in actions at law [see Conway v. … Contributory Retirement Board, 17 Mass. App. Ct. 668, 669 (1984). As was recognized in Schulte v.

Colangelo v. Board of Appeals of Lexington

407 Mass. 242 · Massachusetts Supreme Judicial Court · Apr 12, 1990

In so doing the board rendered its decision unreasonable, whimsical, capricious, and arbitrary. Humble Oil & Ref. Co. v. Board of Appeals of Amherst, 360 Mass. 604, 605 (1971). … Where there has been a formal board decision, a special permit applicant cannot avoid the requirements of G. L. c. 40A merely by framing his challenge as a request for a declaratory judgment. See Iodice v.