Case law

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.

Durkin v. Board of Appeals of Falmouth

21 Mass. App. Ct. 450 · Massachusetts Appeals Court · Jan 21, 1986

See e.g., Thanet Corp. v. Board of Adjustment of Princeton, *453 108 N.J. Super. 65, 66-67 (1969). … General consideration of the applicability of local zoning to Federal enterprises is found in United States v. Chester, 144 F.2d 415 (3d Cir. 1944); Crivello v. Board of Adjustment of Middlesex, 183 F.

Abbott v. Board of Water & Sewer Commissioners

40 Mass. App. Ct. 495 · Massachusetts Appeals Court · May 29, 1996

The holding in Clark v. Board of Water & Sewer Commrs. of Norwood, 353 Mass. 708, 710 (1968), is not to the contrary. … See Rounds v.

MacLean v. Board of Registration in Nursing

458 Mass. 1028 · Massachusetts Supreme Judicial Court · Jan 21, 2011

Fisch v. Board of Registration in Med., 437 Mass. 128, 131 (2002). … Duggan v. Board of Registration in Nursing, 456 Mass. 666, 674 (2010), quoting Cobble v. Commissioner of the Dep’t of Social Servs., 430 Mass. 385 , 393 n.8 (1999).

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.

Rose v. Board of Appeals of Wrentham

352 Mass. 301 · Massachusetts Supreme Judicial Court · Apr 3, 1967

Brady v. Board of Appeals of Westport, 348 Mass. 515, 524 . 2. There was no error in the judge’s ruling that the board “legally denied the appeal of the petitioners for a variance.” … The principle is well established that “ [r]arely can a court order the granting of a variance when the board has denied the petition. No person has a legal right to a variance.” Ferrante v.

Costa v. Board of Appeals of Watertown

340 Mass. 380 · Massachusetts Supreme Judicial Court · Feb 8, 1960

The board of appeals under the zoning by-law of Watertown has appealed from the final decree in *381 the Superior Court which annulled the issuance of a permit to James P. … See Burnham v. Board of Appeals of Gloucester, 333 Mass. 114 ; St. 1954, c. 134, § 1, amending G. L. c. 140, § 27; Von Der Heide v. Zoning Bd. of Appeals of Somers, Westchester County, 204 Misc. (N.

Lankheim v. Board of Registration in Nursing

454 Mass. 1013 · Massachusetts Supreme Judicial Court · Jun 19, 2009

Politano v. Selectmen of Nahant, 12 Mass. App. Ct. 738, 740 (1981), citing Smalley v. Planning Bd. of Harwich, 10 Mass. App. Ct. 599, 605 (1980). See Federman v. … Lankheim’s opposition to the board’s motion also briefly discusses the doctrine of present execution. See, e.g, Kent v. Commonwealth, 437 Mass. 312, 315-317 (2002).

AT&T v. Automatic Sprinkler Appeals Board

52 Mass. App. Ct. 11 · Massachusetts Appeals Court · Jun 26, 2001

Corp. v. … Therefore, we could have affirmed the board’s decision on the basis of that regulation in any case. Cf. Foley v. Lowell Sun Publishing Co., 404 Mass. 9, 11 (1989), quoting from Commonwealth v.

Board of Assessors v. Commissioner of Revenue

379 Mass. 841 · Massachusetts Supreme Judicial Court · Feb 21, 1980

The boards of assessors of the towns of Edgar-town and West Tisbury filed complaints in the Superior Court seeking declaratory and injunctive relief. … In 1967, the town of Amherst appealed the valuation of its State owned land to the Appellate Tax Board and ultimately to this court. We held in Assessors of Amherst v. State Tax Comm’n, 357 Mass. 505 (1970), that G.

Benmosche v. Board of Registration in Medicine

412 Mass. 82 · Massachusetts Supreme Judicial Court · Mar 2, 1992

See Keigan v. Board of Registration in Medicine, 399 Mass. 719, 723 (1987); Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 525 (1979). … Bank v.

Bailey v. Board of Appeals of Holden

370 Mass. 95 · Massachusetts Supreme Judicial Court · Apr 6, 1976

They premise their argument on the *97 contention that under Fuentes v. Shevin, 407 U.S. 67, 82 (1972) , and Armstrong v. … Reid v. Acting Comm'r of Dept. of Community Affairs, 362 Mass. 136, 140 (1972). Hayeck v. Metropolitan Dist. Comm’n, 335 Mass. 372, 375 (1957). Joslin Mfg. Co. v. Providence, 262 U.S. 668, 678 (1923). 4 2.

Brown v. Office of Commissioner of Probation

28 Mass. L. Rptr. 549 · Massachusetts Superior Court · Jul 5, 2011

Bain v. City of Springfield, 424 Mass. 758, 768 (1997). … Am. v. Gore, 116 S.Ct. 1589, 1599, 1601, 1603 (1996). A.

City of Somerville v. Commonwealth Employment Relations Board

470 Mass. 563 · Massachusetts Supreme Judicial Court · Feb 3, 2015

Further, the board ordered the city and the school committee to restore the terms of the retirement health insurance benefit that was in 10 The Commonwealth Employment Relations Board (board) is the body within … Middleborough, 468 Mass. at 271 (board of selectmen has statutory authority to establish percentage of total monthly premium for HMO coverage that is to be paid by town's retired employees); Yeretsky v.

Board of Assessors v. State Tax Commission

351 Mass. 394 · Massachusetts Supreme Judicial Court · Nov 23, 1966

See Commissioner of Corps. & Taxn. v. Assessors of Springfield, 329 Mass. 419 ; Assessors of Springfield v. New England Tel. & Tel. Co. 330 Mass. 198 ; Commissioner of Corps. & Taxn. v. … See also Commissioner of Corps. & Taxn. v. Assessors of Haverhill, 330 Mass. 553 ; State Tax Commn. v. Assessors of Haverhill, 331 Mass. 306, 309 ; State Tax Commn. v.

Marhefka v. Zoning Board of Appeals of Sutton

79 Mass. App. Ct. 515 · Massachusetts Appeals Court · May 13, 2011

L. c. 40A, § 17, the grant of a variance by the zoning board of appeals (board) of the town of Sutton (town) to Roseanne *516 LaBarre and John Scott (defendants). 3 The judge ruled that the injury claimed by the plaintiffs … Dwyer v. Gallo, 73 Mass. App. Ct. 292, 296 (2008). See Tsagronis v. Board of Appeals of Wareham, 33 Mass. App.

Wolfman v. Board of Appeals of Brookline

15 Mass. App. Ct. 112 · Massachusetts Appeals Court · Jan 13, 1983

See Dion v. Board of Appeals of Waltham, 344 Mass. 547, 551-552 (1962); Broderick v. Board of Appeal of Boston, 361 Mass. 472, 477-478 (1972); Josephs v. Board of Appeals of Brookline, 362 Mass. 290, 293 (1972). … See Sherman v. Board of Appeals of Worcester, 354 Mass. 133, 135 (1968); Johnson v. Board of Appeals of *117 Wareham, 360 Mass. 872 , 873 (1972). Compare Abbott v.

Parkinson v. Board of Assessors of Medfield

395 Mass. 643 · Massachusetts Supreme Judicial Court · Aug 12, 1985

Dunlap Investors, Ltd. v. Hogan, 133 Ariz. 130, 132 (1982), quoting Oliver v. Ernul, 277 N.C. 591, 597 (1971). Hynes v. Lakeland, 451 So. 2d 505, 511 (Fla. Dist. Ct. App. 1984). Germany v. … McHale v. Treworgy, supra. Allen v. Duvall, 311 N.C. 245, 249 (1984). The board’s inability to assess the property in light of the conservation easement is symptomatic of the easement’s fatal ambiguity.

Emond v. Board of Appeals of Uxbridge

27 Mass. App. Ct. 630 · Massachusetts Appeals Court · Jul 28, 1989

Section X of the Uxbridge zoning by-law vests in the board far narrower discretion than the by-law considered in SCIT, Inc. v. Planning Bd. of Braintree, 19 Mass. App. … Woods v. Newton, 351 Mass. 98, 102-103 (1966). Haynes v. Grasso, 353 Mass. at 734 . *634 Adams v. Board of Appeals of Concord, 356 Mass. 709, 711-712 (1970).