Case law

Massachusetts Teachers Ass'n v. Teachers' Retirement Board

383 Mass. 345 · Massachusetts Supreme Judicial Court · Apr 8, 1981

On the point that administrative practice in this field should not legitimate a course derogating from defined legislation, see Weber v. Levitt, 41 App. Div. 2d 452,457 (N.Y. 1973), aff’d 34 N.Y.2d 797 (1974); Kivo v. … As to the use of the date of approval, rather than the effective date, as cutting off expectations, compare Kleinfeldt v. New York City Employees’ Retirement Sys., 36 N.Y.2d 95, 100-101 (1975); Kranker v.

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 .

Arrowhead Estates, Inc. v. Boston Licensing Board

15 Mass. App. Ct. 629 · Massachusetts Appeals Court · Apr 12, 1983

Brown, J. We are asked to decide whether a Massachusetts liquor license is “property” or “rights to property” to which a Federal tax lien may attach. The relevant facts are as follows. … The Boston Licensing Board approved this pledge as required by G. L. c. 138, § 23.

Allen v. Board of Selectmen of Weymouth

15 Mass. App. Ct. 1009 · Massachusetts Appeals Court · May 6, 1983

He ruled, however, that, because all three factors enumerated in Wormstead v. … See also Hayes v. Lumbermens Mut. Cas. Co., 310 Mass. 81, 82-84 (1941); Edens v. New Mexico Health & Social Servs.

Twomey v. Board of Appeals of Worcester

347 Mass. 684 · Massachusetts Supreme Judicial Court · Jun 24, 1964

In her bill the plaintiff claims to be aggrieved by a decision of the board of appeals of the city of Worcester (board) which permitted a variance in the zoning ordinance of that city with respect to land situated at 19 Orchard … Sullivan v. Board of Appeals of Canton, 345 Mass. 117, 119 , and cases cited.

Dowling v. Board of Health of Chilmark

28 Mass. App. Ct. 547 · Massachusetts Appeals Court · Apr 23, 1990

Compare Clarke v. … In Clarke v.

Suburban Light & Power Co. v. Board of Aldermen

10 L.R.A. 497 · Massachusetts Supreme Judicial Court · Jan 26, 1891

Hill v. County Commissioners, 4 Gray, 414 . Young v. Yarmouth, 9 Gray, 386 . Commonwealth v. Bos ton, 97 Mass. 555 . Pierce v. Drew, 136 Mass. 75 . In Young v. Yarmouth, Mr. … In this connection it was said in Pierce v.

Deadrick v. Zoning Board of Appeals of Chatham

85 Mass. App. Ct. 539 · Massachusetts Appeals Court · Jun 25, 2014

Fitzsimonds v. Board of Appeals of Chatham, supra at 56. … Board of Appeals of Barnstable, 334 Mass. 446, 450 (1956), quoting from Hammond v. Board of Appeals of Springfield, 257 Mass. 446, 448 (1926), compared to the lesser burden for a special permit. See Kiss 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.

Strasnick v. Board of Registration in Pharmacy

408 Mass. 654 · Massachusetts Supreme Judicial Court · Nov 26, 1990

Arthurs v. Board of Registration in Medicine, 383 Mass. 299, 309 (1981). … Licensing Comm’n for Brockton, 387 Mass. 864, 873 (1983), quoting Connally v. General Constr. Co., 269 U.S. 385, 391 (1926). Cherubino v. Board of Registration of Chiropractors, 403 Mass. 350, 356 (1988). Gurry v.

Morris v. Board of Registrars of Voters

362 Mass. 48 · Massachusetts Supreme Judicial Court · Jun 5, 1972

This petition is for a writ of mandamus and is brought against the Board of Registrars of Voters of East Bridgewater (the board) and the town clerk, as well as against Charles M. … DePetrillo v. Registrars of Voters of Rehoboth, 342 Mass. 13, 14 . Chamberlain v. Registrars of Voters of Harwich, 358 Mass. 536, 539 .

D.H.L. Associates, Inc. v. Board of Selectmen

64 Mass. App. Ct. 254 · Massachusetts Appeals Court · Aug 15, 2005

. *255 (D.H.L.), and the board of selectmen of Tyngsborough, acting as the town’s licensing board (collectively, the town), have disputed D.H.L.’s right to present live nude dancing at an establishment known as “Matthew’s … See T & D Video, Inc. v. Revere, 423 Mass. 577, 580-582 (1996) (applying test set out by United States Supreme Court in Renton v. Playtime Theatres, Inc., 475 U.S. 41 [1986]); A.F.M., Ltd. v.

Board of Assessors v. Commissioner of Revenue

383 Mass. 876 · Massachusetts Supreme Judicial Court · Apr 9, 1981

See Old Colony R.R. v. Assessors of Quincy, 305 Mass. 509, 513-514 (1940). … Assessors of Boston v. Suffolk Law School, 295 Mass. 489, 492 (1936). Accordingly, the A.T.B. had no jurisdiction to consider this appeal because of the late filing. Cf. Assessors of Sandwich v.

Collings Foundation v. Stow Zoning Board of Appeals

Massachusetts Land Court · Oct 14, 2021

STOW ZONING BOARD OF APPEALS, MISC 15-000369, MISC 15-000370 THE COLLINGS FOUNDATION, THE COLLINGS FOUNDATION, INC., ROBERT COLLINGS, and CAROLINE COLLINGS, Plaintiffs, v. … ZONING BOARD OF APPEALS OF THE TOWN OF STOW; and EDWARD TARNUZZER, CHARLES BARNEY, WILLIAM BYRON, BRUCE FLETCHER, RUTH KENNEDY SUDDUTH, MICHELLE SHOEMAKER, ANDREW J.

Outdoor Advertising Board v. Sun Oil Co.

8 Mass. App. Ct. 872 · Massachusetts Appeals Court · Jul 6, 1979

Brown, Jr., for Sun Oil Company of Pennsylvania. Anton T. Moehrke, Assistant Attorney General, for the plaintiff. … it was located and not the board’s, and that the defendant acted in reliance upon this letter, do not now estop the board from commencing this action.

Board of Assessors v. Ramada Inns, Inc.

371 Mass. 894 · Massachusetts Supreme Judicial Court · Dec 7, 1976

In determining the fair cash value of an unfinished building, it was within the discretion of the board to rely on the cost of construction. See Jordan Marsh Co. v. … Commonwealth v. Theberge, 330 Mass. 520, 527 (1953).

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 .

Warren v. Zoning Board of Appeals of Amherst

383 Mass. 1 · Massachusetts Supreme Judicial Court · Feb 18, 1981

Dion v. Board of Appeals of Waltham, 344 Mass. 547, 555-556 (1962). Boyajian v. Board of Appeal of Wellesley, 6 Mass. App. Ct. 283, 284 (1978). Cass v. Board of Appeal of Fall River, 2 Mass. App. … See Alley v. Building Inspector of Danvers, 354 Mass. 6, 7 (1968); Sorenti v. Board of Appeals of Wellesley, 345 Mass. 348, 353 (1963); Bruzzese v.

Bettencourt v. Board of Registration in Medicine

408 Mass. 221 · Massachusetts Supreme Judicial Court · Aug 8, 1990

Thus, the board’s conclusion that Bettencourt always appeared to follow the usual response to avoid infection is not supported by substantial evidence when the record is viewed as a whole. See Fox Ridge Assocs. & Co. v. … See, e.g., Commonwealth v. LeFave, 407 Mass. 927, 941 (1990); Glover v. Cal lahan, 299 Mass. 55, 56-58 (1937).

Natick Trust Co. v. Board of Bank Incorporation

337 Mass. 615 · Massachusetts Supreme Judicial Court · Jun 2, 1958

Inc. v. Department of Pub. Util. 327 Mass. 550 ; S. C. 329 Mass. 719 ; Delaware Co. Natl. Bank v. Campbell, 378 Pa. 311 . The respondent board we shall assume to be an agency. … No statute required the board to give a hearing, and the petitioner and the intervening petitioner had no constitutional right to one. Clarke v. Board of Collegiate Authy. 327 Mass. 279 . Hayeck v. Metropolitan Dist.