Case law

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.

Circle Lounge & Grille, Inc. v. Board of Appeal

324 Mass. 427 · Massachusetts Supreme Judicial Court · Jun 10, 1949

Benson v. Zoning Board of Appeals of Hartford, 129 Conn. 280, 284 . 179 Duncan Avenue Corp. v. Board of Adjustment of Jersey City, 122 N. J. L. 292. Bazinsky v. Kesbec, Inc. 259 App. Div. (N. Y.) 467. … Standard Oil Co. of New York v. Commissioner of Public Safety, 274 Mass. 155 . Thornton v. Charleston, 109 Miss. 255 . See American Can Co. v. Milk Control Board, 313 Mass. 156 .

Little, Brown & Co. v. American Paper Recycling Corp.

824 F. Supp. 11 · District Court, D. Massachusetts · Jun 9, 1993

V. … Williams v. Arndt, 626 F.Supp. 571, 581 (D.Mass. 1985) quoting Levings v. Forbes & Wallace, Inc., 8 Mass.App.Ct. 498, 504 , 396 N.E.2d 149, 153 (1979). VI.

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.

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.

Wood-Dyer v. Brookline Rent Control Board

1983 Mass. App. Div. 50 · Massachusetts District Court, Appellate Division · Feb 18, 1983

Rent Control Board of Brookline, 367 Mass. 1, 10 (1975); Moulton v. Brookline Rent Control Board et al. 1981 Mass. App. Dec. 8 , 10. … See Sherman v. Rent Control Board of Brookline, supra note 9, at 7.

Schleifer v. Worcester North Savings Institution

310 Mass. 110 · Massachusetts Supreme Judicial Court · Oct 30, 1941

The question whether Brown was clothed with ostensible or apparent authority is one of fact. Federal National Bank of Boston v. O’Connell, 305 Mass. 559, 566 . … As is said in Schleifer v.

Spalke v. Board of Appeals of Plymouth

7 Mass. App. Ct. 683 · Massachusetts Appeals Court · May 30, 1979

Noncompliance with that provision does not render an act by the board void. Cullen v. Building Inspector of No. Attleborough, 353 Mass. 671, 679-680 (1968), citing Cheney v. *688 Coughlin, 201 Mass. 204, 211 (1909). … See Scott v. Board of Appeal of Wellesley, 356 Mass. 159, 162 (1969); Crosby v. Board of Appeals of Weston, 3 Mass. App. Ct. 713, 713-714 (1975). Compare Casasanta v.

E.A.D. Realty Corp. v. Board of Selectmen

6 Mass. App. Ct. 826 · Massachusetts Appeals Court · Jan 11, 1978

See Newton v. Reiss Associates, 331 Mass. 114, 117 (1954). 2. Nor can the plaintiff derive any solace from the provision found in the second paragraph of § 13 that the Board of Fire Prevention Regulations (G. … There is no longer any room for doubt that such factors may properly form the basis of a board of selectmen’s or a city council’s decision to deny an application under § 13. Kidder v.

Ramos v. Board of Registrars of Voters

374 Mass. 176 · Massachusetts Supreme Judicial Court · Jan 5, 1978

See Hershkoff v. Registrars of Voters of Worcester, 366 Mass. 570, 576-577 (1974). … Concord in Dane v. Registrars of Voters of Concord, ante, 152 (1978), de *180 cided this day.

Board of Trustees v. Curtis

26 Mass. L. Rptr. 245 · Massachusetts Superior Court · Sep 18, 2009

See Schwartzman v. Schoening, 41 Mass.App.Ct. 220, 223 (1996), citing Willets v. … In Kaplan v.

Mullen v. Board of Sewer Commissioners of Milton

280 Mass. 531 · Massachusetts Supreme Judicial Court · Oct 27, 1932

Cheney v. Beverly, 188 Mass. 81 . Corcoran v. Aldermen of Cambridge, 199 Mass. 5 . White v. Gove, 183 Mass. 333 . Smith v. Mayor & Aldermen *534 of Worcester, 182 Mass. 232 . Hall v. … Sayles v. Board of Public Works of Pittsfield, 222 Mass. 93 , and cases collected. Opinion of the Justices, 261 Mass. 556, 605-606 . Houck v. Little River Drainage District, 239 U. S. 254 .

MASSPCSCO v. Board of Assessors of Woburn

80 Mass. App. Ct. 398 · Massachusetts Appeals Court · Sep 15, 2011

L. c. 59, § 5, Sixteenth (2), because it was not “engaged in business” as required by Brown, Rudnick, Freed & Gesmer v. Board of Assessors of Boston, 389 Mass. 298, 304 (1983) (Brown Rudnick). … Id. at 306, quoting from National Investors Corp. v. Hoey, 144 F.2d 466, 468 (2d Cir. 1944). Here, the board properly concluded that MASSPCSCO did not “engage in business” as required by Brown Rudnick.

Alsabti v. Board of Registration in Medicine

404 Mass. 547 · Massachusetts Supreme Judicial Court · Apr 10, 1989

Raymond v. Board of Registration in Medicine, 387 Mass. 708, 713 (1982). … Galdston v.

Hickey v. Zoning Board of Appeals of Dennis

93 Mass. App. Ct. 390 · Massachusetts Appeals Court · Jun 15, 2018

Ct. at 322 -323 , 588 N.E.2d 1365 , quoting from Pierce v. Board of Appeals of Carver , 369 Mass. 804 , 808, 343 N.E.2d 412 (1976) and O'Blenes v. … Costello v. Board of Appeals of Lexington , 3 Mass. App. Ct. 441 , 443, 333 N.E.2d 210 (1975). By way of example, in McLaughlin v.

New Boston Garden Corp. v. Board of Assessors

383 Mass. 456 · Massachusetts Supreme Judicial Court · Apr 24, 1981

Although it is well established that decisions of the board must be supported by substantial evidence, Pequot Assocs. v. Assessors of Salem, 376 Mass. 270, 274-277 (1978), New Bedford Gas & Edison Light Co. v. … The city correctly argues that the board is “not required to believe the testimony of any particular witness,” Assessors of Quincy v. Boston Consol.

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.

City of Boston v. Outdoor Advertising Board

41 Mass. App. Ct. 775 · Massachusetts Appeals Court · Dec 11, 1996

The board’s decision will be given some deference. See Koch v. … The board’s decision on this issue must be affirmed. See Flint v. Commissioner of Pub.

MacGibbon v. Board of Appeals of Duxbury

369 Mass. 523 · Massachusetts Supreme Judicial Court · Mar 18, 1976

MacGibbon III, like MacGibbon v. Board of Appeals of Duxbury, 347 Mass. 690 (1964) (MacGibbon I), and MacGibbon v. … In MacGib-bon II the board denied the permit because it interpreted the by-law as inapplicable to coastal wetlands. We upheld the validity of the by-law, but reversed because the board had misinterpreted it.

Bruno v. Zoning Board of Appeals of Tisbury

93 Mass. App. Ct. 48 · Massachusetts Appeals Court · Mar 19, 2018

Timperio v. Zoning Bd. of Appeals of Weston, 84 Mass. App. Ct. 151, 155 (2013), quoting from Hoffman v. Board of Zoning Appeal of Cambridge, 74 Mass. App. Ct. 804, 811 (2009). … Carabetta v. Board of Appeals of Truro, 73 Mass. App. Ct. 266, 270–271 (2008), quoting from Asack v. Board of Appeals of Westwood, 47 Mass. App. Ct. 733, 736 (1999).