Case law

Simone v. Board of Appeals of Haverhill

6 Mass. App. Ct. 601 · Massachusetts Appeals Court · Sep 13, 1978

Bruzzese v. Board of Appeals of Hingham, 343 Mass. 421, 424 (1962). Hunt v. Milton Sav. Bank, 2 Mass. App. Ct. 133, 140 (1974). Cf. Sherman v. Board of Appeals of Worcester, 354 Mass. 133, 135 (1968). … See Barnhart v. Board of Appeals of Scituate, 343 Mass. 455, 457 (1962); Wolfson v. Sun Oil Co., 357 Mass. at 90-91 ; Cass v. Board of Appeal of Fall River, 2 Mass. App. Ct. at 558 n.5. Contrast, however, Ferrante v.

Zoning Board of Appeals v. Housing Appeals Committee

80 Mass. App. Ct. 406 · Massachusetts Appeals Court · Sep 16, 2011

See Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 354-355 (1973) *414 (board has same power as HAC to override local requirements). … Board of Appeals of Wellesley v. Ardemore Apartments Ltd. Partnership, 436 Mass. at 824 n.25.

Adams v. Board of Appeals of Concord

356 Mass. 709 · Massachusetts Supreme Judicial Court · Feb 3, 1970

board of appeals. … See Haynes v. Grasso, 353 Mass. 731, 733-734 . There is no merit to Mrs. Adams’s contention that the provisions of § 4 (a) 8 of the by-law do not comply with G. L. c. 40A, § 4 (as amended through St. 1966, c. 199).

Milton Hospital & Convalescent Home v. Board of Assessors

360 Mass. 63 · Massachusetts Supreme Judicial Court · Jun 30, 1971

This is an appeal by the Milton Hospital and Convalescent Home (hospital) from a decision of the *64 Appellate Tax Board (board) upholding the action of the board of assessors (assessors) of the town of Milton in refusing … Dehydrating Process Co. of Gloucester, Inc. v. Gloucester, 334 Mass. 287, 292 . Gloucester Ice & Cold Storage Co. v. Assessors of Gloucester, 337 Mass. 23, 26-27 . The decision of the Appellate Tax Board is affirmed.

Barry v. Planning Board of Belchertown

Massachusetts Appeals Court · Oct 29, 2019

Pierce v. Morrison Mahoney LLP, 452 Mass. 718, 730 (2008), quoting Bar Counsel v. Board of Bar Overseers, 420 Mass. 6, 9 (1995). … See also United States v.

Sheppard v. Zoning Board of Appeal of Boston

81 Mass. App. Ct. 394 · Massachusetts Appeals Court · Mar 7, 2012

Condominium Assn. v. Board of Appeal of Boston, 426 Mass. 485, 488 (1998). … Aronson v. Board of Appeals of Stoneham, 349 Mass. 593, 595 (1965). Winn v. Board of Appeals of Saugus, 358 Mass. 804, 805 (1970). Paulding v. Bruins, 18 Mass. App. Ct. 707, 711 (1984).

City of Cambridge v. Board of Railroad Commissioners

153 Mass. 161 · Massachusetts Supreme Judicial Court · Jan 12, 1891

Commonwealth v. Coombs, 2 Mass. 489 . Commonwealth v. Great Barrington, 6 Mass. 492 . Commonwealth v. Stockbridge, 13 Mass. 294 . Taylor v. County Commissioners, 18 Pick. 309 . Goodwin v. Marblehead, 1 Allen, 37 . … See Attorney General v. Cambridge, 16 Gray, 247 ; Hingham & Quincy Bridge v. Norfolk, 6 Allen, 353 ; Agawam v. Hampden, 130 Mass. 528 .

Greenleaf Finance Co. v. SMALL LOANS REGULATORY BOARD

377 Mass. 282 · Massachusetts Supreme Judicial Court · Feb 12, 1979

Light Co. v. Department of Pub. … The Board could conclude that an inability to do more in that direction was itself a sign of inefficiency. Cf. Palm Manor Nursing Home, Inc. v.

Children's Hospital Medical Center v. Board of Assessors

353 Mass. 35 · Massachusetts Supreme Judicial Court · Jun 28, 1967

No pertinent authority is cited by the tax board. The assessors’ brief contains the comment that Association “more closely resembles a mutual benefit society than a charitable organization.” See Minns v. … Old South Society in Boston v. Crocker, 119 Mass. 1, 23 .” Assessors of Boston v. Garland Sch. of Home Making, 296 Mass. 378, 387 . See Little v. Newburyport, 210 Mass. 414, 417-418 ; Newton Centre Woman’s Club, Inc. v.

Toda v. Board of Appeals of Manchester

18 Mass. App. Ct. 317 · Massachusetts Appeals Court · Jun 28, 1984

In Butler v. … Wilson v.

Boston Licensing Board v. Alcoholic Beverages Control Commission

367 Mass. 788 · Massachusetts Supreme Judicial Court · May 21, 1975

Such licenses are granted by the board, “subject to the prior approval of the commission.” See Webster v. Alcoholic Beverages Control Commn. 295 Mass. 572, 575 , (1936); Coyne v. … The fact that the commission could issue regulations on the same subject does not of itself invalidate the board’s regulations. Cf. Druzik v. Board of Health of Haverhill, 324 Mass. 129, 136 (1949).

Framingham Clinic, Inc. v. Zoning Board of Appeals

382 Mass. 283 · Massachusetts Supreme Judicial Court · Jan 9, 1981

Green v. Board of Appeal of Norwood, 358 Mass. 253, 258-259 (1970). … See McCarthy v. Board of Appeals of Ashland, 354 Mass. 660 (1968); Deutschmann v. Board of Appeals of Canton, 325 Mass. 297 (1950); D’Ambra v. Zoning Board of Appeal of Attleboro, 324 Mass. 61 (1949); Shea v.

Glover Realty, Inc. v. Board of Appeals

362 Mass. 890 · Massachusetts Supreme Judicial Court · Jan 10, 1973

However, the board in granting its permit laid down six definite conditions relating to the operation of the new structure which seem to us to stand as reasons for their action. Shoppers’ World, Inc. v. … See Rando v. Board of Appeals of Bedford, 348 Mass. 296, 298 . The judge heard testimony and took a view. We find no error in his action. The Chief Justice took no part in this case. Decree affirmed.'

Cicatelli v. Board of Appeals

57 Mass. App. Ct. 799 · Massachusetts Appeals Court · Apr 17, 2003

Board of Appeals of Provincetown, 404 Mass. 571, 573 (1989); Clark Equip. Co. v. … Corp. v.

Carpenter v. Zoning Board of Appeals of Framingham

352 Mass. 54 · Massachusetts Supreme Judicial Court · Feb 13, 1967

L. c. 40A, § 21, by way of an appeal from a decision of the zoning board of appeals of Framingham (board) upholding the granting of a building permit to the defendant Catalina Swim Club, Inc. … See, e.g., Montgomery County v. Merlands Club, Inc. 202 Md. 279 ; Steppler v. Board of Adjustment of Radnor Township, 5 D. & C. (Pa.) 2d 8.

Reynolds v. Zoning Board of Appeals of Stow

88 Mass. App. Ct. 339 · Massachusetts Appeals Court · Sep 15, 2015

See Zoning Bd. of Appeals of Lunenburg v. Housing Appeals Comm., 464 Mass. 38, 39-40 (2013). See also Board of Appeals of Hanover v. … Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236, 238 (2001), quoting from Seltzer v. Board of Appeals of Orleans, 24 Mass. App. Ct. 521, 522 (1987).

Bober v. Board of Selectmen

20 Mass. L. Rptr. 246 · Massachusetts Superior Court · Oct 31, 2005

Part V, Section 5-1(b) (the Board may “prescribe the term of office, reorganize, consolidate, create, merge, divide or abolish any town board”). … See Part V, Section 5-1(b) of the Charter. As a result, Bober’s appointment as a member of the Commission could be revoked, by the Board.

Cappuccio v. Zoning Board of Appeals of Spencer

398 Mass. 304 · Massachusetts Supreme Judicial Court · Aug 21, 1986

Selectmen of Great Barrington, 352 Mass. 523, 526 (1967); Gallagher v. Board of Appeals of Falmouth, 351 Mass. 410, 414 (1966); Kane v. Board of Appeals of Medford, 273 Mass. 97, 104 (1930); Roman Catholic Archbishop v. … Pierce v. Board of Appeals of Carver, 369 Mass. 804, 808, 811 (1976). See Del Grosso v.

Breare v. Board of Assessors of Peabody

350 Mass. 391 · Massachusetts Supreme Judicial Court · Mar 9, 1966

See Fuller v. Wilbur, 170 Mass. 506, 507 ; Tinkham v. … The decision of the Appellate Tax Board is reversed.

Capone v. Zoning Board of Appeals of Fitchburg

389 Mass. 617 · Massachusetts Supreme Judicial Court · Jul 6, 1983

Building Inspector of Attleboro v. Attleboro Landfill, Inc., supra at *624 112. We must construe the statute in a manner that will effectuate, not frustrate, the legislative intent. Board of Appeals of Hanover v. … Noe v. Board of Appeals of Hingham, 13 Mass. App. Ct. 103, 109-110 (1982).