Case law

Falcone v. Zoning Board of Appeals

7 Mass. App. Ct. 710 · Massachusetts Appeals Court · Jun 5, 1979

McCarthy v. Board of Appeals of Ashland, 354 Mass. 660, 663 (1968). Nyquist v. Board of Appeals of Acton, 359 Mass. 462, 465 (1971). … Smith v. Board of Appeals of Needham, 339 Mass. 399, 402 (1959). Nyquist v. Board of Appeals of Acton, supra.

Amari v. Rent Control Board of Cambridge

21 Mass. App. Ct. 598 · Massachusetts Appeals Court · Feb 12, 1986

The regulations enacted by the board pursuant to a legislative grant of power had the force of law and were binding on the board. Niles v. Boston Rent Control Admr., 6 Mass. App. Ct. 135, 150 (1978). Cf. Kenney v. … Health, 372 *605 Mass. 844, 850 (1977), quoting from School Comm. of Springfield v. Board of Educ., 362 Mass. 417, 442 (1972). Cf. Boston Preservation Alliance Inc. v.

Ellis v. Board of Selectmen of Barnstable

361 Mass. 794 · Massachusetts Supreme Judicial Court · May 11, 1972

See Boston v. Santosuosso, 302 Mass. 169, 171-174 ; Home Owners’ Loan Corp. v. Sweeney, 309 Mass. 26, 29-31 ; Moskow v. Murphy, 310 Mass. 249, 252-254 ; Turgeon v. … But the agreement contained no arbitration clause, and there was no obligation to submit a controversy to the State board. Sheehan v. School Comm. of Worcester, 359 Mass. 702, 706 . 3.

J.M. Hollister, LLC v. Architectural Access Board

469 Mass. 49 · Massachusetts Supreme Judicial Court · Jul 10, 2014

Ten Local Citizen Group v. New England Wind, LLC, 457 Mass. 222, 228 (2010), quoting Warcewicz v. Department of Envtl. Protection, 410 Mass. 548, 550 (1991). See Iodice v. … Board of Appeals of Woburn v. Housing Appeals Comm., 451 Mass. 581, 590 (2008), and cases cited. Hollister bears the burden of showing that the board's interpretation is "not rational."

Attorney General v. Board of Public Welfare

313 Mass. 675 · Massachusetts Supreme Judicial Court · Apr 26, 1943

In Cambridge v. … In Bradford v.

Sheehan v. Board of Appeals of Saugus

332 Mass. 188 · Massachusetts Supreme Judicial Court · Feb 4, 1955

Cefalo v. Board of Appeal of Boston, ante, 178. Elaborate statement of the facts is unnecessary. … Inc. v. Board of Zoning Adjustment of Boston, 328 Mass. 103, 109 . So ordered.

Attorney General v. Board of Aldermen

351 Mass. 193 · Massachusetts Supreme Judicial Court · Jun 20, 1966

See Abbene v. Board of Election Commrs. of Revere, 348 Mass. 247, 249 , and cases cited. … Orchard v. Board of Commrs. of Sierra County, 42 N. M. 172. But in a similar case Markert v. Sumter County, 60 Fla. 328, 329 , it was said, “The absence of a statutory mode of contest does not give equity jurisdiction.”

Board of Appeals v. Housing Appeals Committee

451 Mass. 581 · Massachusetts Supreme Judicial Court · Jun 10, 2008

Goldberg v. Board of Health of Granby supra, citing Briggs v. Commonwealth, 429 Mass. 241, 253 (1999). Although we have noted that the act’s text “is not without its ambiguities,” Board of Appeals of Hanover v. … See Taylor v. Housing Appeals Comm., ante at 149, 151 (2008), quoting Board of Appeals of Hanover v.

Tracy v. Board of Appeals of Marblehead

339 Mass. 205 · Massachusetts Supreme Judicial Court · May 14, 1959

Smith v. Board of Appeals of Salem, 313 Mass. 622, 624 . Caires v. Building Commr. of Hingham, 323 Mass. 589, 594-595 . … In Marblehead v.

Campanelli, Inc. v. Planning Board of Ipswich

358 Mass. 798 · Massachusetts Supreme Judicial Court · Jun 30, 1970

On August 6, 1968, the board voted “[t]o rescind approval of the subdivision ... on advice of [t]own jkflounsel.” This bill appeals from the board’s rescission action and seeks a declaration that it is void. … The board correctly relies on the terms of the amended 1956 agreement. The owner’s acceptance of its terms involved the owner’s acquiescence (cf. Kay-Vee Realty Co. Inc. v.

Raimondo v. Board of Appeals of Bedford

331 Mass. 228 · Massachusetts Supreme Judicial Court · Mar 10, 1954

Board of Appeals of Lowell, 295 Mass. 224, 227 ; Everpure Ice Manuf. Co. Inc. v. … Board of Appeals of Lawrence, 324 Mass. 433 ), and the only question remaining for decision is whether the Superior Court erred in decreeing that “no modification [of the board’s decision] is required.” See Olson v.

Board of Selectmen v. Third District Court

359 Mass. 400 · Massachusetts Supreme Judicial Court · Apr 30, 1971

We quoted at length from the leading case of Sullivan v. … Mayor of Beverly v. First Dist. Court of Essex, supra. We have examined the record and applying the principles of Sullivan v.

Yaro v. Board of Appeals of Newburyport

10 Mass. App. Ct. 587 · Massachusetts Appeals Court · Sep 30, 1980

The purpose of such provisions is described in Kane v. Board of Appeals of Medford, *590 273 Mass. 97, 104 (1930). … See Robinson v. Planning Bd. of Hingham, 6 Mass. App. Ct. 835 (1978). Compare Ghiglione v. School Comm. of Southbridge, 376 Mass. at 73-74 , with Kelley v. Planning Bd. of Dennis, 6 Mass. App.

Independence Park, Inc. v. Board of Health

403 Mass. 477 · Massachusetts Supreme Judicial Court · Dec 7, 1988

Further, as we stated in Registrar of Motor Vehicles v. Board of Appeal on Motor Vehicle Liab. … Mailhot v. Travelers Ins. Co., 375 Mass. 342, 348 (1978).

Leigh v. Board of Registration in Nursing

395 Mass. 670 · Massachusetts Supreme Judicial Court · Aug 15, 1985

Compare Forziati *676 v. Board of Registration in Medicine, 333 Mass. 125 (1955), with Camoscio v. Board of Registration in Podiatry, 385 Mass. 1002 (1982). … Higgins v.

Baldiga v. Board of Appeals of Uxbridge

395 Mass. 829 · Massachusetts Supreme Judicial Court · Sep 12, 1985

Moulton v. Brookline Rent Control Bd., 385 Mass. 228, 230-231 (1982), quoting Druzik v. Board of Health of Haverhill, 324 Mass. 129, 133 (1949). … See Walker v. Board of Appeals of Harwich, 388 Mass. 42, 51 (1983).

Bennett v. Board of Assessors of Whitman

354 Mass. 239 · Massachusetts Supreme Judicial Court · May 3, 1968

As we said in Boston Gas Co. v. … See School Comm. of Gloucester v. Gloucester, 324 Mass. 209, 220 ; Times Film Corp. v. Commissioner of Pub. Safety, 333 Mass. 62, 63; Alves v. Braintree, 341 Mass. 6, 12 ; Oleksak v. Westfield, 342 Mass. 50, 53 .

Burnside v. Bristol County Board of Retirement

352 Mass. 481 · Massachusetts Supreme Judicial Court · May 1, 1967

Andrade v. Contributory Retirement Appeal Bd. 350 Mass. 447 . Acting pursuant to G. … It is established-that the courts may properly inquire into the fitness of certain officers (see Attorney Gen. v. Tufts, 239 Mass. 458, 480 ; Attorney Gen. v. Pelletier, 240 Mass. 264, 296 ; Massachusetts Bar Assn. v.

Theophilopoulos v. Board of Health of Salem

85 Mass. App. Ct. 90 · Massachusetts Appeals Court · Mar 18, 2014

See Goldberg v. Board of Health of Granby, 444 Mass, at 634-637; Board of Health of Sturbridge v. Board of Health of Southbridge, 461 Mass. 548, 562-564 (2012). Discussion. … See TBI, Inc. v. Board of Health of N. Andover , 431 Mass, at 19; Goldberg v. Board of Health of Granby , 444 Mass, at 634-635.

Mahoney v. Board of Appeals of Winchester

366 Mass. 228 · Massachusetts Supreme Judicial Court · Sep 4, 1974

of Appeals of Hanover v. … See Fusaro v. Murray, 300 Mass. 229, 230-231 (1938).