Case law

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.

Cumberland Farms, Inc. v. Zoning Board of Appeals

61 Mass. App. Ct. 124 · Massachusetts Appeals Court · May 4, 2004

Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 528-531 (1990). See part 3, infra. See note 6, supra. Again, Mendes v. Board of Appeals of Barnstable , see note 9, supra, suggests that a G. … See Whitten v. Board of Appeals of Woburn, 38 Mass. App. Ct. 949, 950 (1995).

Cumberland Farms, Inc. v. Planning Board of Bourne

56 Mass. App. Ct. 605 · Massachusetts Appeals Court · Dec 2, 2002

See, e.g., Quincy v. Planning Bd. of Tewksbury, 39 Mass. App. Ct. 17, 20-21 (1995); Osberg v. Planning Bd. of Sturbridge, supra at 60 n.8; Dufault v. Millennium Power Partners, L.P., 49 Mass. App. … Osberg v. Planning Bd. of Sturbridge, supra. See Prudential Ins. Co. v. Board of Appeals of Westwood, 23 Mass. App. Ct. at 280-282 .

DSM Realty, Inc. v. Board of Assessors

391 Mass. 1014 · Massachusetts Supreme Judicial Court · Apr 4, 1984

Westwood Group, Inc. v. Assessors of Revere, ante 1012 (1984) (sale by city, to place land back on the tax rolls, made to a purchaser with G. L. c. 121A “tax agreement” not shown to be under compulsion). … New Boston Garden Corp. v. Assessors of Boston, 383 Mass. 456, 470 (1981). The board was thus justified in concluding that the taxpayer did not meet its burden of proof. The case was submitted on briefs. Joseph F.

Walker v. Board of Appeals

3 Mass. Supp. 341 · Massachusetts District Court · Mar 16, 1982

Lambert v. Board of Appeals of Lowell, 295 Mass. 224, 225, 227 (1936.) … Marotta v. Board of Appeals of Revere, 366 Mass. 199, 204 (1957). Waltham Motor Inn, Inc. v. LaCava, supra at 217 . Redstone v. Board of Appeals of Chelmsford, Mass. App. Ct. Adv. Sh. (1981) 351, 352-353.

Phifer v. Board of Assessors

28 Mass. App. Ct. 552 · Massachusetts Appeals Court · Apr 25, 1990

See authorities collected in Commonwealth v. Ramos, 402 Mass. 209, 216 (1988); Tazziz v. Tazziz, 26 Mass. App. Ct. 809 , 814 n.5 (1988). … The case is remanded to that board for further proceedings consistent with this opinion.

Clark v. Board of Registration of Social Workers

464 Mass. 1008 · Massachusetts Supreme Judicial Court · Jan 2, 2013

Fisch v. Board of Registration in Med., 437 Mass. 128, 131 (2002). … Weinberg v. Board of Registration in Med., 443 Mass. 679, 685 (2005). a.

Thomson v. Board of Appeals

8 Mass. App. Ct. 882 · Massachusetts Appeals Court · Jul 16, 1979

Gulf Oil Corp. v. Board of Appeals of Framingham, 355 Mass. 275, 277 (1969). MacGibbon v. Board of Appeals of Duxbury, 356 Mass. 635, 639 (1970). Vazza Properties, Inc. v. City Council of Woburn, 1 Mass. App. … Volpe & Co. v. Board of Appeals of Wareham, 4 Mass. App. Ct. 357, 360-362 (1976).

Paul Livoli, Inc. v. Planning Board of Marlborough

347 Mass. 330 · Massachusetts Supreme Judicial Court · Apr 16, 1964

See Wellesley College v. Attorney Gen. 313 Mass. 722, 731 . … So ordered. 1 See Bressler v.

Abbene v. Board of Election Commissioners of Revere

348 Mass. 247 · Massachusetts Supreme Judicial Court · Dec 9, 1964

Eldridge v. Selectmen of Chatham, 192 Mass. 409, 411 . Swift v. Registrars of Voters of Milton, 281 Mass. 264, 268 . That part of G. … Cabell v. Markham, 148 F. 2d 737, 739 (2d Cir.).

Chukwu v. Board of Directors Varig Airline

880 F. Supp. 891 · District Court, D. Massachusetts · Apr 21, 1995

In Hodges v. … See also Johnson v.

Chayet v. Rent Control Board of Brookline

1988 Mass. App. Div. 48 · Massachusetts District Court, Appellate Division · Mar 10, 1988

Obviously, as long as there is substantial evidence to support the determination of the Board, we would not substitute over views of the facts, in any event [Moulton v. … We believe that the Board was warranted in its conclusion. Its interpretation appears to be a reasonable construction of a By-Law with which it is familiar and as to which it has particular expertise [see Kahn v.

Porter v. Board of Appeal of Boston

Massachusetts Appeals Court · Jan 18, 2024

See Porter v. Board of Appeal of Boston, 99 Mass. App. … See Porter v.

Chiaraluce v. Zoning Board of Appeals of Wareham

89 Mass. App. Ct. 290 · Massachusetts Appeals Court · Apr 8, 2016

Nielsen v. Board of Appeals of Wareham, 69 Mass. App. … Bartlett v. Board of Appeals of Lakeville, 23 Mass. App. Ct. 664, 671 (1987).

Fogland v. Board of Registration in Medicine

357 Mass. 624 · Massachusetts Supreme Judicial Court · Jun 11, 1970

Lawrence v. Board of Registration in Medicine, 239 Mass. 424, 428 . McMurdo v. Getter, 298 Mass. 363, 366 , and cases cited. Commonwealth v. Finnigan, 326 Mass. 378, 379 . … Commonwealth v. Jewelle, 199 Mass. 558 . Lawrence v. Board of Registration in Medicine, 239 Mass. 424, 428-429 . Dent v. West Virginia, 129 U. S. 114 . Collins v. Texas, 223 U. S. 288 .

Forster v. Board of Appeals

14 Mass. L. Rptr. 463 · Massachusetts Superior Court · Mar 15, 2002

See Guiragossian v. Board of Appeals of Watertown, 21 Mass.App.Ct. 111, 114 (1985); DiGiovanni v. Board of Appeals of Rockport, 19 Mass.App.Ct. 339, 348 (1985). … See The Bible Speaks v. Board of Appeals of Lenox, 8 Mass.App.Ct. 19, 33-34 (1979), and cases cited; see also Martin v.

Gamer v. Zoning Board of Appeals of Newton

346 Mass. 648 · Massachusetts Supreme Judicial Court · Jan 9, 1964

See Dodge v. Inspector of Bldgs. of Newburyport, 340 Mass. 382, 385-386 ; Van Arsdale v. Provincetown, 344 Mass. 146, 151 ; Kolodny v. Building Commr. of Brookline, ante, 289, 290, and cases cited. … MacKenzie v. School Comm. of Ipswich, 342 Mass. 612, 614 .

Dopazo v. Rent Control Board

25 Mass. App. Ct. 990 · Massachusetts Appeals Court · Apr 20, 1988

The standards for determining whether an applicant seeking an exemption under the by-law as an owner who is occupying a three-family house are set forth and discussed in Kinchla v. … Cohen v. Board of Registration in Pharmacy, 350 Mass. 246, 253 (1966). Order dismissing report affirmed. A tenant’s testimony at a second hearing does not call any of this into question.

New England Railroad v. Board of Railroad Commissioners

171 Mass. 135 · Massachusetts Supreme Judicial Court · May 19, 1898

Sts. c. 112, §§ 129,130, with that of St. 1872, c. 262, and of St. 1874, c. 305, and with the decisions of this court in Lancaster v. County Commissioners, 113 Mass. 100 , and Boston & Albany Railroad v.

Camoscio v. Board of Registration in Podiatry

408 Mass. 1001 · Massachusetts Supreme Judicial Court · Nov 2, 1990

See Camoscio v. Board of Registration in Podiatry, 394 Mass. 1006, 1006-1007 (1985). See also Camoscio v. Board of Registration in Podiatry, 385 Mass. 1002 -1003, cert, denied, 457 U.S. 1139 (1982); Camoscio v. … Board of Registration in Podiatry of Mass., United States District Court Civil Action No. 85-3460-MA. The complaint was correctly dismissed by the single justice.