Case law

Wizansky v. Board of Appeals

21 Mass. App. Ct. 915 · Massachusetts Appeals Court · Oct 25, 1985

Although the judge should have made express findings on the evidence before him instead of incorporating by reference those made by the board (see Josephs v. … Board of Appeals of Brookline, 362 Mass. 290, 295 [1972]; Pierce v. Board of Appeals of Carver, 2 Mass. App.

Board of Assessors v. Commissioner of Revenue

13 Mass. App. Ct. 225 · Massachusetts Appeals Court · Feb 23, 1982

See Mitchell v. Metropolitan Dist. Commn., 4 Mass. App. Ct. 484, 487-489 (1976). Contrast Ward v. Comptroller of the Commonwealth, 345 Mass. 183, 186-187 (1962). Compare Executive Air Serv., Inc. v. … Mayor of Gloucester v. City Clerk of Gloucester, 327 Mass. 460, 464-465 (1951). Boston Teachers Local 66 v. Boston, 382 Mass. 553, 562 (1981). The judgment is reversed.

Board of Education v. School Committee of Quincy

415 Mass. 240 · Massachusetts Supreme Judicial Court · May 12, 1993

Group, Inc. v. 22 Boylston St. Corp., 412 Mass. 531, 539 (1992), quoting Boston Neighborhood Taxi Ass’n v. Department of Pub. … See Warcewicz v. Department of Envtl. Protection, 410 Mass. 548, 550 (1991). “The duty of statutory interpretation is for the courts.” Connery v. Commissioner of Correction, supra at 1010, quoting Cleary v.

Coroa v. Board of Assessors

354 Mass. 235 · Massachusetts Supreme Judicial Court · May 3, 1968

The case was heard on a statement of agreed facts by the Appellate Tax Board, which filed a decision for the appellee board. The appellant appealed to this court. … In Assessors of Everett v. Formosi, 349 Mass. 727 , it was said that the exemption in § 5, Forty-first, “rests upon the financial exigencies of the elderly owner” (p. 729).

Jaworski v. Earth Removal Board

35 Mass. App. Ct. 795 · Massachusetts Appeals Court · Jan 20, 1994

Citing Building Inspector of Chelmsford v. Belleville, 342 Mass. 216, 217-218 (1961), and Harvard v. … Since the board need not exempt such projects, the town argues, the earth removal by-law still has some application. The by-law obviously does not purport to have such a limited effect. Toda v.

Angelus v. Board of Appeals

14 Mass. App. Ct. 908 · Massachusetts Appeals Court · Jun 10, 1982

As the new c. 40A was intended to have prospective effect only (see Shalbey v. Board of Appeal of Norwood, 6 Mass. App. … Brown v. Board of Appeals of Manchester, 8 Mass. App. Ct. 929 (1979).

LeBeau v. Board of Selectmen

13 Mass. App. Ct. 942 · Massachusetts Appeals Court · Feb 11, 1982

Grady for Board of Selectmen of East Brookfield. 1. As to whether the plaintiffs were “persons aggrieved” within the meaning of G. L. c. 121A, § 6C, we think that reasoning of Boston Edison Co. v. … See, e.g., Chase v. Planning Bd. of Watertown, 4 Mass. App. Ct. at 431-432, and cases cited. See also Greenberg v. Assessors of Cambridge, 360 Mass. 418, 421 (1971); Charbonnier v. Amico, 367 Mass. at 151 n.10.

Waldron v. Board of Appeal

2 Mass. App. Ct. 868 · Massachusetts Appeals Court · Sep 16, 1974

The trial judge ruled that the board had failed to set forth clearly the reasons for its decision as required by G. L. c. 40A, § 18 (see Delgaudio v. Board of Appeals of Medford, 1 Mass. App. … Board of Appeals of Brookline, 362 Mass. 290 (1972). Williams v. Building Commr. of Boston, 1 Mass. App. Ct. 478, 479-480 (1973). See Allen v. Board of Appeals of Fall River, 351 Mass. 714 (1967).

Brown & Sharpe Mfg. Co. v. Coates Clipper Mfg. Co.

195 F. 84 · District Court, D. Massachusetts · Mar 21, 1912

Western Massachusetts Lifecare Corp. v. Board of Assessors

434 Mass. 96 · Massachusetts Supreme Judicial Court · May 11, 2001

The taxpayer bears the burden of showing the property is overvalued, and the board may presume the validity of the valuation unless the taxpayer has sustained the burden of proving the contrary. See Schlaiker v. … Co. v. Assessors of Lynn, 393 Mass. 591 , 599 n.3 (1984). On such a motion, the board may engage in weighing the evidence to *108 determine whether the party bearing the burden of proof has met that burden.

Garofoli v. Worcester Retirement Board

13 Mass. L. Rptr. 625 · Massachusetts Superior Court · Aug 6, 2001

Bagely v. Contributory Retirement Appeal Board, 397 Mass. 255, 258 (1986). … See Smolinski v. Boston Retirement Board, 346 Mass. 210, 212 (1963).

Leominster Materials Corp. v. Board of Leominster

42 Mass. App. Ct. 458 · Massachusetts Appeals Court · Apr 7, 1997

See Toda v. Board of Appeals of Manchester, 18 Mass. App. Ct. 317 , 320 n.6 (1984) (“We note in passing that, while the earth removal by-law [art. … Goodwin v. Selectmen of Hopkinton, 358 Mass. 164, 170 (1970). “These two modes of regulation need not be mutually exclusive.” Toda v. Board of Appeals of Manchester, 18 Mass. App. Ct. at 320 .

Town of Burlington v. Board of Education

15 Mass. App. Ct. 997 · Massachusetts Appeals Court · Apr 25, 1983

Section 6 of c. 1010 provided, “This act shall apply only to projects approved by the board of education on or after January the first, nineteen hundred and seventy-one.” … Carolyn V. Wood, Assistant Attorney General, for the defendant.

Hayduk v. Board of Appeals of Yarmouth

15 Mass. App. Ct. 927 · Massachusetts Appeals Court · Jan 21, 1983

That description encompasses the lots for which the building inspector issued building permits, and the board correctly concluded that the permits were lawful. … The board’s construction of § 1535 does not, as the plaintiff contends, make § 1534 superfluous. The judge correctly ordered judgment for the defendant under Mass.R.Civ.P. 56(c), 365 Mass. 824 (1974). Judgment affirmed.

Board of Assessors v. Lonczak

392 Mass. 1009 · Massachusetts Supreme Judicial Court · Jun 25, 1984

There was no error in the decision of the Appellate Tax Board (board) granting the Lonczaks an abatement. … See MacDonald v. Assessors ofMashpee, 381 Mass. 724, 726 (1980). Decision of the Appellate Tax Board affirmed.

Volloch v. Rent Control Board of Brookline

1986 Mass. App. Div. 72 · Massachusetts District Court, Appellate Division · May 22, 1986

Brookline Rent Control Board, 394 Mass. 709 (1985); Entis v. Brookline Rent Control Board, 1985 Mass. App. Div. 202, 205 ; Paula Wood-Dyer v. Brookline Rent Control Board, 1983 Mass. App. Div. 50 . … Decker v. Boston Rent Board, et al, 13 Mass. App. 901, 907 (1982).

Robert M. Joost v. Board of Bar Examiners

Massachusetts Supreme Judicial Court · Nov 19, 2024

Rule 3:01, §§ 1.1.4, 3.1.2, 3.1.3; Osakwe v. Board of Bar Examiners, 448 Mass. 85, 87 (2006). … Wei Jia v. Board of Bar Examiners, 427 Mass. 777, 782 (1998).

Boelter v. Wayland Board of Selectmen

33 Mass. L. Rptr. 405 · Massachusetts Superior Court · Jun 29, 2016

See District Attorney for the Northern District v. School Committee of Wayland, 455 Mass. 561 (2009), and Collins etal. v. Wayland Board of Selectmen, Middlesex Superior Court, Docket No. 2011-0158, 31 Mass. L. Rptr. … Pearson v. Board of Health of Chicopee, 402 Mass. 797, 800 (1988).

Hersey v. Board of Selectmen

361 Mass. 867 · Massachusetts Supreme Judicial Court · Mar 8, 1972

A discharged police officer of the town of Monson has brought this petition for a writ of mandamus for a hearing on charges which caused the board of selectmen to dismiss him. … Howe v. Attorney Gen. 325 Mass. 268, 270 . Harding v. Commissioner of Ins. 352 Mass. 478, 480 . Kent v. Civil Serv. Commn. 354 Mass. 757 . Order for judgment affirmed.

Cooke v. Board of Appeal

348 Mass. 792 · Massachusetts Supreme Judicial Court · Mar 1, 1965

[the material section] of the by-law is fatal and the by-law in effect is an unlimited delegation of the zoning power to the Board of Appeal.” We agree. … Chilson v. Zoning Bd. of Appeal of Attleboro, 344 Mass. 406, 413 . Clark v. Board of Appeals of Newbury, ante, 407, 408-409. Eugene L. Tougas for the defendants Samuel Cohen & another. James D. O’Hearn (Francis G.