Case law

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.

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.

Schlager v. Board of Appeal of Boston

9 Mass. App. Ct. 72 · Massachusetts Appeals Court · Jan 22, 1980

McNeely v. Board of Appeal of Boston, 358 Mass. 94, 110 (1970). Brod-erick v. Board of Appeal of Boston, 361 Mass. 472, 474-475 (1972). … Lowell Bar Assn. v. Loeb, 315 Mass. 176, 189-190 (1943). Brown v. Massachusetts Port Authy., 371 Mass. 395, 398-403 (1976).

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.

Board of Selectmen of Ayer v. Sullivan

29 Mass. App. Ct. 931 · Massachusetts Appeals Court · Aug 13, 1990

Comm v. Dennis Teachers Assn., supra. The arbitrator’s award of Sullivan’s reinstatement impinged upon the managerial prerogatives of the board. Reliance by Sullivan and the union on School Comm. of W. Springfield v. … collected; School Comm. of Holbrook v.

Long v. Board of Appeals of Falmouth

32 Mass. App. Ct. 232 · Massachusetts Appeals Court · Mar 19, 1992

See Lee v. Board of Appeals of Harwich, 11 Mass. App. Ct. 148, 151 (1981). … See McCarthy v. Board of Appeals of Ashland, 354 Mass. 660, 663 (1968); Nyquist v. Board of Appeals of Acton, 359 Mass. 462, 465 (1971).

Iddings v. Board of Appeals of Mansfield

356 Mass. 742 · Massachusetts Supreme Judicial Court · Feb 4, 1970

a public way” of a width approved by the selectmen and the planning board. … Compare Jenckes v. Building Commr. of Brookline, 341 Mass. 162 (where part of a subdivided lot had frontage on a road at least paved to a width of nineteen feet except near one driveway).

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.

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.

Fiske v. Board of Selectmen of Hopkinton

354 Mass. 269 · Massachusetts Supreme Judicial Court · May 6, 1968

North Shore Corp. v. Selectmen of Topsfield, 322 Mass. 413, 418 , and cases cited. In the instant case the allegations are speculative and the damage alleged is generalized. … Fino v. Municipal Court of the City of Boston, 326 Mass. 277 . Cliff v. Board of Health of Amesbury, 343 Mass. 58 .

MacDonald v. Board of Health of Braintree

347 Mass. 76 · Massachusetts Supreme Judicial Court · Feb 27, 1964

Jordan *78 Marsh Co. v. Labor Relations Commn. 312 Mass. 597, 599 . By Gr. … See Wellesley College v. Attorney Gen. 313 Mass. 722, 731 ; MacKenzie v. School Comm. of Ipswich, 342 Mass. 612, 614 .

Boyajian v. Board of Appeal of Welleslev

6 Mass. App. Ct. 283 · Massachusetts Appeals Court · Apr 25, 1978

Board of Appeals of Brookline, 362 Mass. 290, 291 (1972). Werner v. Board of Appeals of Harwich, 2 Mass. App. Ct. 647, 648 (1974). … See O’Brian v. Board of Appeals of Brockton, 3 Mass. App. Ct. 740 (1975); Hunt v. Milton Sav. Bank, 2 Mass. App. Ct. 133, 139-140 (1974), and contrast cases cited. The decision in Coolidge v.

Doe, SORB No. 523391 v. Sex Offender Registry Board

95 Mass. App. Ct. 85 · Massachusetts Appeals Court · Mar 26, 2019

No. 380316 v. … No. 10800 v. Sex Offender Registry Bd., 459 Mass. 603, 638 (2011) (Doe No. 10800). We review a judge's consideration of an agency decision de novo. See Brown-Forman Corp. v.

Anderson v. Board of Selectmen of Wrentham

406 Mass. 508 · Massachusetts Supreme Judicial Court · Jan 18, 1990

We have held that, when a board of selectmen is acting in furtherance of a statutory duty, the town meeting may not command or control the board in the exercise of that duty. See Russell v. … Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 513-514 (1975). Consistent with this principle, we doubt the Legislature intended in G.

Veksler v. Board of Registration in Dentistry

429 Mass. 650 · Massachusetts Supreme Judicial Court · Jun 11, 1999

Commonwealth v. Rancourt, 399 Mass. 269, 278 (1987). See Sussman v. … Pinecrest Village, Inc. v. MacMillan, 425 Mass. 70, 73 (1997). Given the clear language of G. L. c. 112, the regulation cannot foreclose the petitioner’s right to a hearing.

Varga v. Board of Registration of Chiropractors

411 Mass. 302 · Massachusetts Supreme Judicial Court · Dec 5, 1991

See Gibson v. Berryhill, 411 U.S. 564, 578-579 (1973) (pecuniary interest of all members of board of optometry constitutionally disqualified them from conducting particular hearings); Ward v. … In Beauregard v.

Providence & Worcester Railroad v. Energy Facilities Siting Board

453 Mass. 135 · Massachusetts Supreme Judicial Court · Jan 27, 2009

Brown v. Guerrier, 390 Mass. 631, 632 (1983). 2. The board’s eminent domain authority. Our review of the board’s decision, governed by both G. L. c. 164, § 69P, and G. … Dep’t v. Department of Pub. Utils., supra. “The party appealing from a decision of the board bears the burden of showing that the decision is invalid.” Andover v.

Walden v. Board of Registration in Nursing

395 Mass. 263 · Massachusetts Supreme Judicial Court · Jun 26, 1985

See Blue Hills Cemetery, Inc. v. Board of Registration in Embalming & Funeral Directing, 379 Mass. 368 , 373 n.8 (1979). … See Raymond v. Board of Registration in Medicine, 387 Mass. 708, 713 (1982); Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519,526-527 (1979).

Castelli v. Board of Selectmen of Seekonk

15 Mass. App. Ct. 711 · Massachusetts Appeals Court · Apr 29, 1983

In reliance on Ouellette v. … See also Board of Health of Woburn v. Sousa, 338 Mass. 547, 552 (1959); McDonald’s Corp. v. Selectmen of Randolph, 9 Mass. App.