Case law

Parkinson v. Board of Assessors of Medfield

398 Mass. 112 · Massachusetts Supreme Judicial Court · Jul 17, 1986

We affirmed the decision of the board in Parkinson v. Assessors of Medfield, 395 Mass. 643 (1985). … Rohan rev. ed. 1984); York Realty, Inc. v.

Northboro Inn, LLC v. Treatment Plant Board

58 Mass. App. Ct. 670 · Massachusetts Appeals Court · Jul 31, 2003

Goldie’s Salvage, Inc. v. Board of Selectmen of Walpole, 31 Mass. App. … Not possessing the discretion to permit entry into the district, the board could not have abused its discretion in denying the Inn’s application. See Doe v.

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

83 Mass. App. Ct. 513 · Massachusetts Appeals Court · Apr 19, 2013

Lindsay v. Department of Social Servs., 439 Mass. 789, 797 (2003), quoting from Levy v. Board of Registration & Discipline in Med., 378 Mass. 519, 525 (1979). … However, as Hollister acknowledges, the issuance of the permit is not binding on the board. The statutory structure makes the board the final arbiter of the statute. See Iodice v.

Patel v. Planning Board of North Andover

27 Mass. App. Ct. 477 · Massachusetts Appeals Court · Jun 20, 1989

L. c. 41, §§ 81M and 81W; McDavitt v. Planning Bd. of Winchester, 2 Mass. App. Ct. 806, 807 (1974); Curtin v. Board of Survey & Planning of Waltham, 15 Mass. App. Ct. 978, 978 (1983); Patelle v. … Gillette, 357 Mass. 96 , *481 103-104 (1970); Dolan v. Board of Appeals of Chatham, 359 Mass. 699, 701-702 (1971); Murphy v. Donovan, 4 Mass. App. Ct. 519, 526 (1976), and cases cited.

Ingalls v. Board of Registration in Medicine

445 Mass. 291 · Massachusetts Supreme Judicial Court · Nov 14, 2005

Weinberg v. Board of Registration in Med., 443 Mass 679, 685 (2005), quoting Fisch v. Board of Registration in Med., 437 Mass. 128, 131 (2002). … Weinberg v. Board of Registration in Med., supra, citing Fisch v. Board of Registration in Med., supra. We now turn to the reported questions. Discussion. 1. Board proceeding, a. Good cause.

Henry Perkins Co. v. Board of Assessors

377 Mass. 117 · Massachusetts Supreme Judicial Court · Jan 17, 1979

We review a decision of the Appellate Tax Board (Board) which, on a taxpayer’s appeal pursuant to the "formal” procedure (G. … Board of Environmental Protection, 333 A.2d 703 (Me. 1975) (compare Ethyl Corp. v. Adams, 375 A.2d 1065 [Me. 1977]). Cf. Covert Township Assessor v. State Tax Comm’n, 77 Mich. App. 626 (1977); Meijer, Inc. v.

KCI Management, Inc. v. Board of Appeal

54 Mass. App. Ct. 254 · Massachusetts Appeals Court · Mar 20, 2002

Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148, 154 (1981). See Doliner v. Planning Bd. of Millis, 343 Mass. 1, 5 (1961). … Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. at 32 ; Canter v. Planning Bd. of Westborough, 4 Mass. App. Ct. 306, 310 (1976). So ordered.

Dugdale v. Board of Registration in Medicine

270 Mass. 65 · Massachusetts Supreme Judicial Court · Jan 15, 1930

The board found in the Caton case that for ten weeks or more preceding the death of Mrs. … The board heard the witnesses, and the statements made by the petitioner; the degree of credibility to be given to the *69 witnesses was for the board.

Talbot v. Board of Registrars of Voters

281 Mass. 284 · Massachusetts Supreme Judicial Court · Dec 22, 1932

Parrott v. Plunkett, 268 Mass. 202 , and cases reviewed. Flanders v. Roberts, 182 Mass. 524 . O’Connell v. Mathews, 177 Mass. 518 . Keough v. Aldermen of Holyoke, 156 Mass. 403 . Clark v. … Board of Examiners, 126 Mass. 282 . The only permissible inference from the agreed facts, in the light of the many minute provisions of G. L. (Ter.

Young's Court, Inc. v. Outdoor Advertising Board

4 Mass. App. Ct. 130 · Massachusetts Appeals Court · Mar 10, 1976

Druzik v. Board of Health of Haverhill, 324 Mass. 129, 133 (1949), quoting Hopkins v. Hopkins, 287 Mass. 542, 547 (1934). … See Attleboro Trust Co. v. Commissioner of Corps. and Taxn. 257 Mass. 43, 51 (1926) ; O’Connell v. Cambridge, 258 Mass. 203, 205 (1927) ; Brennan v. Election Commrs. of Boston, 310 Mass. 784, 785-786 (1942).

Board of Assessors v. Tammy Brook Co.

368 Mass. 810 · Massachusetts Supreme Judicial Court · Jul 1, 1975

The nine per cent rate was adopted by the board for the three years in question. It was open to the board to accept the testimony of the taxpayer’s witness as the more convincing. Assessors of Quincy v. Boston Consol. … Furthermore, in the circumstances the board’s decision to employ the income capitalization approach in determining fair cash value was entirely proper. See Assessors of Lynnfield v.

Chadwick v. Board of Registration in Dentistry

461 Mass. 77 · Massachusetts Supreme Judicial Court · Dec 8, 2011

D'Amour v. Board of Registration in Dentistry, supra, quoting Cherubino v. Board of Registration of Chiropractors, 403 Mass. 350, 354 (1988). … Board of Registration in Dentistry, 451 Mass. 786, 794 (2008), citing Hastings v.

Aronoff v. Board of Registration in Medicine

420 Mass. 830 · Massachusetts Supreme Judicial Court · Jul 24, 1995

Arthurs v. Board of Registration in Medicine, 383 Mass. 299, 312-313 (1981).” … We do not substitute our judgment for that of the board. Palmer v. Board of Registration in Medicine, 415 Mass. 121, 125 (1993), citing Keigan v. Board of Registration in Medicine, 399 Mass. 719, 723 (1987); Levy v.

Grasselli Chemical Co. v. Board of Assessors

281 Mass. 79 · Massachusetts Supreme Judicial Court · Nov 19, 1932

This is an appeal from a decision of the Board of Tax Appeals rendered in favor of the board of assessors of the city of Boston on an appeal from their refusal to abate a tax. … The principle declared in Lodge v.

Birudavol v. Board of Registration in Medicine

448 Mass. 1031 · Massachusetts Supreme Judicial Court · Apr 13, 2007

Fisch v. Board of Registration in Med., 437 Mass. 128, 131 (2002). … “We defer to the board’s expertise in making that determination,” Sugarman v. Board of Registration in Med., 422 Mass. 338, 347 (1996), citing Aronoff v.

Weiner v. Board of Registration of Psychologists

416 Mass. 675 · Massachusetts Supreme Judicial Court · Dec 29, 1993

Bell v. Mackey, 191 S.C. 105 , 3 S.E. 2d 816, 824, 825 [1939]. Furthermore, the instant Order to Show Cause is violative of [801 Code Mass. … Vinal v. Contributory Retirement Appeal Bd., 13 Mass. App. Ct. 85, 102 (1982). See Morris v. Board of Registration in Medicine, 405 Mass. 103, 110-111 , cert. denied, 493 U.S. 977 (1989).

Bigham v. Planning Board of North Reading

362 Mass. 860 · Massachusetts Supreme Judicial Court · Jun 5, 1972

The defendant planning board appeals under G. … While it is true that the granting of the 1963 mortgage was subject to the then recorded covenant (see Costanza & Bertolino, Inc. v. Planning Bd. of No.

Pierce v. Board of Appeals of Carver

2 Mass. App. Ct. 5 · Massachusetts Appeals Court · Mar 4, 1974

Such a finding was essential to the validity of the board’s decision. Moore v. Cataldo, 356 Mass. 325, 328-331 (1969). Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 294-300 (1972). … See also *7 Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. Ct. 308, 311-312 (1973).

Kelleher v. Board of Selectmen of Pembroke

1 Mass. App. Ct. 174 · Massachusetts Appeals Court · Mar 20, 1973

Inc. v. Board of Appeals of Westwood, 362 Mass. 239, 240-241 . … Inc. v. Planning Board of Randolph, 340 Mass. 149, 152-155 ; Caruso v. Planning Board of Revere, 354 Mass. 569 .

Sullivan v. Board of Appeals of Harwich

15 Mass. App. Ct. 286 · Massachusetts Appeals Court · Feb 11, 1983

See Berliner v. Feldman, [supra at] 776-777; Morin v. Board of Appeals of Leominster, 352 Mass. 620, 623-624 (1967). Here the by-law is explicit in its limitation of the expansion of a nonconforming use. … So ordered. 1 Contrast Walker v. Board of Appeals of Harwich, 388 Mass. 42 (1983), decided shortly before the date of this opinion.