Case law

North Landers Corp. v. Planning Board of Falmouth

382 Mass. 432 · Massachusetts Supreme Judicial Court · Feb 3, 1981

Co. v. Livingston County Rd. Comm’n, 92 Mich. App. 31 (1979); Pearson Kent Corp. v. Bear, 28 N.Y.2d 396, 399 (1971). II. The Sufficiency of § 17 of the Board’s Regulations. … In Gifford v.

Seaman v. Zoning Board of Appeals of Holliston

340 Mass. 488 · Massachusetts Supreme Judicial Court · Mar 8, 1960

The decision of the board is to be judged on the facts adduced in the Superior Court. Pendergast v. Board of Appeals of Barnstable, 331 Mass. 555, 558-559 . … Nor can we rule that it was error in law for the board to determine, for Holliston, that such a business is not customarily incident to the use of the premises as a home. See Riverside v. Kuhne, 335 Ill.

Cardellicchio v. Board of Retirement of Natick

15 Mass. App. Ct. 903 · Massachusetts Appeals Court · Dec 9, 1982

This case presents issues comparable to those decided in Santucci v. Selectmen of Palmer, 4 Mass. App. Ct. 785 (1976), LaCouture v. Retirement Bd. of Quincy, 11 Mass. App. Ct. 738 (1981), and Habeeb v. … There is no dispute about his being eligible for such retirement, see Bianchi 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.

Sachs v. Board of Registration in Medicine

300 Mass. 426 · Massachusetts Supreme Judicial Court · May 31, 1938

Thus in the recent case of New Jersey State Board of Optometrists v. S. S. Kresge Co. 113 N. J. … McNaughton v. Johnson, 242 U. S. 344 . In Georgia Board of Optometry v.

Golubek v. Westfield Gas & Electric Light Board

32 Mass. App. Ct. 954 · Massachusetts Appeals Court · May 15, 1992

Commonwealth v. Oliver, 342 Mass. 82, 85 (1961). By reason of that subordinate relationship, the board “could frame such general regulations concerning the exercise by . . . … See Municipal Light Commn. of Taunton v. Taunton, 323 Mass. 79, 84 (1948). The board has not argued the remaining issue of the board’s adoption of a hiring policy, and thus we are not obliged to consider the issue.

Slavin v. Rent Control Board of Brookline

1987 Mass. App. Div. 168 · Massachusetts District Court, Appellate Division · Oct 5, 1987

The Board made numerous findings of fact. … , and may not be uséd by the Board as a basis for denial of an application for a Certificate of Eviction under any of the provisions of section 9(a) (see, Post, Trustee v.

Ridgeley Management Corp. v. Planning Board of Gosnold

82 Mass. App. Ct. 793 · Massachusetts Appeals Court · Nov 21, 2012

Brown, 431 Mass. 838, 845 (2000); Housman v. LBM Financial, LLC, 80 Mass. App. Ct. 213, 216 (2011). … See, e.g., School Comm. of Gloucester v. Gloucester, 324 Mass. 209, 212 (1949); Board of Educ. v. Assessors of Worcester, 368 Mass. 511, 513-514 (1975).

Bromfield Mfg. Co. v. The Brown, Smith & Jones

117 F. Supp. 630 · District Court, D. Massachusetts · Jan 6, 1954

Until such time as the vessel was taken out to sea Malmberg was to remain on board as caretaker, for which he was to be paid $300 per month. … Old Point Fish Co. v. Haywood, 4 Cir., 109 F.2d 703, 705 , and cases there cited.

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).

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.

Zoning Board of Appeals v. Housing Appeals Committee

464 Mass. 38 · Massachusetts Supreme Judicial Court · Jan 8, 2013

See Boothroyd v. Zoning Bd. of Appeals of Amherst, 449 Mass. 333, 340 (2007), quoting Board of Appeals of Hanover v. … See Board of Appeals of Hanover v.

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).

Miller v. Board of Appeals of Brookline

356 Mass. 659 · Massachusetts Supreme Judicial Court · Feb 2, 1970

We are of opinion that the zoning by-law *662 does not require that the board treat the locus as three distinct lots. The requirements of the by-law have been satisfied. See, generally, Chater v. … Board of Appeals of Milton, 348 Mass. 237, 246 ; Vassalotti v. Board of Appeals of Sudbury, 348 Mass. 658, 661 . The judge rightly ruled that the board did not exceed its authority in granting the special permit.

Bos. Ret. Bd. v. Contributory Ret. Appeal Bd.

95 Mass. App. Ct. 1102 · Massachusetts Appeals Court · Mar 11, 2019

Donovan v. State Board of Labor & Industries

225 Mass. 410 · Massachusetts Supreme Judicial Court · Jan 3, 1917

as a member of the board. … Attorney General v. Loomis, ante, 372.

Board of Appeals v. Housing Appeals Committee

5 Mass. App. Ct. 838 · Massachusetts Appeals Court · Jun 10, 1977

It is apparent from page eleven of the decision that H.A.C. was fully aware of, and acted in accordance with, its statutory responsibility as explained in Board of Appeals of Hanover v. … That section makes it clear that, if the time limit is other than directory (see Boston v.

Lapenas v. Zoning Board of Appeals of Brockton

352 Mass. 530 · Massachusetts Supreme Judicial Court · May 4, 1967

Barney & Carey Co. v. Milton, 324 Mass. 440, 449 . Gem Properties Inc. v. Board of Appeals of Milton, 341 Mass. 99, 105 . Jenckes v. Building Commr. of Brookline, 341 Mass. 162, 165-166 . Mahoney v. … See Ferrante v. Board of Appeals of Northampton, 345 Mass. 158, 162 . Compare Mahoney v. Board of Appeals of Winchester, 344 Mass. 598, 601-602 . (Discretionary denial of a permit under G.

Kurz v. Board of Appeals of North Reading

341 Mass. 110 · Massachusetts Supreme Judicial Court · Jun 3, 1960

Needham v. Winslow Nurseries, Inc. 330 Mass. 95, 99 . Bendslev v. Commissioner of Pub. Safety, 331 Mass. 261, 265 . Marblehead v. Gilbert, 334 Mass. 602, 604 . As was said of “agricultural use” in Moulton v. … See Langbein v. Board of Zoning Appeals of Milford, 135 Conn. 575, 582 .

Jack v. Board of Appeal of Boston

15 Mass. App. Ct. 311 · Massachusetts Appeals Court · Feb 15, 1983

See Josephs v. … See Kasper v. Board of Appeals of Watertown, 3 Mass. App. Ct. 251, 253-258 (1975). See also Ranney v. Board of Appeals of Nantucket, 11 Mass. App. Ct. 112, 114-115 (1981); Gamache v. Acushnet, 14 Mass. App.