Case law

SUSAN HARTNETT v. CONTRIBUTORY RETIREMENT APPEAL BOARD & others.

Massachusetts Supreme Judicial Court · Sep 11, 2024

Municipal Corporations, Retirement board, Pensions. Contributory Retirement Appeal Board. Public Employee Retirement Administration Commission. Administrative Law, Agency's interpretation of statute. … See Balles v.

Boston Athletic Association v. International Marathons

392 Mass. 356 · Massachusetts Supreme Judicial Court · Jul 3, 1984

Certain transactions require specific authorization by the board in order to be valid. For example, in Stoneman v. … Authority to make such a contract was beyond the power of the *367 board to delegate to Cloney. See Bloomberg v. Greylock Broadcasting Co., supra. See also Stoneman v. Fox Film Corp., 295 Mass. 419 (1936).

Henry Komosa v. Board of Assessors of Montague

Massachusetts Appeals Court · Nov 8, 2024

Co. v. … Judicial Court explained in Sudbury v.

City Council of Peabody v. Board of Appeals

360 Mass. 867 · Massachusetts Supreme Judicial Court · Dec 10, 1971

The clause in question originally distinguished between “officers” and “boards” and the latter was struck out. See Carr v. Board of Appeals of Medford, 334 Mass. 77, 80 . The plaintiff is not an aggrieved “person.” … See Taunton v. Commissioner of Corps. and Taxn. 359 Mass. 188, 190-191 . Cf. Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 430-431 . We must construe the statute as it Is written. Morse v.

Busi v. Malden Retirement Board

2 Mass. L. Rptr. 284 · Massachusetts Superior Court · May 24, 1994

Retirement Board of Brookline v. Contributors Retirement Appeal Board, 33 Mass.App.Ct. 489, 491 (1992). … U.S. v. Turkette, 452 U.S. 576, 580 (1981); Trans Alaska Pipeline Rate Cases, 436 U.S. 631, 643 (1978). See also Massachusetts Hospital Assoc, Inc. v.

Massachusetts Nurses Ass'n v. Commonwealth Employment Relations Board

77 Mass. App. Ct. 128 · Massachusetts Appeals Court · Jun 25, 2010

Quincy City Hosp. v. … Quincy City Hosp. v. Labor Relations Comm., supra at 749-750. Alexander v. Labor Relations Commn., supra at 1006.

Quintin v. Board of Selectmen

9 Mass. L. Rptr. 84 · Massachusetts Superior Court · Aug 5, 1998

See Murray v. Justices of the Second Dist. Court of Eastern Middlesex, 389 Mass. 508, 511 (1983), and cases cited; MacHenry v. Civil Service Comm'n, 40 Mass.App.Ct. 632, 634 (1996), and cases cited; G.L.c. 24, §4. … Comm’n, 408 Mass. 292, 297 (1990), quoting Commissioner of Health & Hosps. of Boston v. Civil Serv. Comm’n, 23 Mass.App.Ct. 410, 411 (1987). See also Bielawski v.

DoCurral v. Milford Retirement Board

1 Mass. L. Rptr. 509 · Massachusetts Superior Court · Jan 18, 1994

See Seagram Distillers Co. v. Alcoholic Beverages Control Comm’n, 401 Mass. 713, 721 (1988). … See Pyramid Co. of Hadley v. Architectural Business Bd., 403 Mass. 126, 130 (1989). The burden is on the appealing party to show that CRAB’s decision was not justified by substantial evidence. Bagley v.

Lord v. Zoning Board of Appeals of Somerset

30 Mass. App. Ct. 226 · Massachusetts Appeals Court · Mar 8, 1991

The plaintiff appeals from a judgment sustaining the board’s denial of such a permit. There is nothing to that aspect of the appeal. See Zaltman v. Board of Appeals of Stoneham, 357 Mass. 482, 484 (1970); Copley v. … Board of Appeals of Canton, 1 Mass. App. Ct. 821 (1973); Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483, 486-488 (1979); Schiffone v. Zoning Bd. of Appeals of Walpole, 28 Mass. App.

Town of Andover v. Energy Facilities Siting Board

435 Mass. 377 · Massachusetts Supreme Judicial Court · Nov 19, 2001

See Enos v. Secretary of Envtl. Affairs, 432 Mass. 132, 136-139 (2000). … Co. v. Energy Facilities Siting Council, 411 Mass. 183, 199-200 (1991).

Small Business Administration v. Board of Assessors

345 Mass. 294 · Massachusetts Supreme Judicial Court · Jan 4, 1963

Keegan v. Board of Assessors of Boston, 334 Mass. 169, 171 . The denial of Paula S. Callahan’s motion to prosecute the petition in her own name was error. … Inc. v. Board of Assessors of Boston, 309 Mass. 544 . Where the property was the only property owned by Small Business in Falmouth, the proceeding could be properly brought as one for abatement. Norwood v.

Serio v. Sturbridge Planning Board

4 Mass. L. Rptr. 70 · Massachusetts Superior Court · Apr 28, 1995

See also, Barvenik v. Board of Alderman of Newton, 33 Mass.App.Ct. 129, 131 (1992). Plaintiff has the burden of proof on the issue of standing. Barvenik at 131 -32. … Barvenik at 132 ; Cohen v. Zoning Board of Appeals of Plymouth, 35 Mass.App.Ct. 619, 622 (1993). This showing must be made by direct facts and not by speculative personal opinion. Barvenik at 132 .

New Seabury Corp. v. Board of Appeals

28 Mass. App. Ct. 946 · Massachusetts Appeals Court · Mar 1, 1990

not less than the maximum period [thirty years] permitted by Section 27 of Chapter 184 of the General Laws of the Commonwealth of Massachusetts; (iv) contain the provisions for extension described in said section; and (v) … Accordingly, a judgment entered sustaining the decision of the board.

Fitchburg Housing Authority v. Board of Zoning Appeals

380 Mass. 869 · Massachusetts Supreme Judicial Court · Jun 12, 1980

See Cummington School of the Arts, Inc. v. Assessors of Cummington, supra at 603, and cases cited. See also Harbor Schools, Inc. v. Board of Appeals of Haver *874 hill, 5 Mass. App. Ct. 600, 603 (1977), discussed infra. … Our Appeals Court so held in Harbor Schools, Inc. v. Board of Appeals of Haverhill, supra, dealing with § 2 of The Zoning Enabling Act.

Harbor Schools v. Board of Appeals of Haverhill

5 Mass. App. Ct. 600 · Massachusetts Appeals Court · Aug 19, 1977

L. c. 40A, § 21, from the decision of the board of appeals of Haverhill (board), revoking a building permit (G. … Armstrong v.

Lobisser Building Corp. v. Planning Board of Bellingham

454 Mass. 123 · Massachusetts Supreme Judicial Court · Jun 22, 2009

McDermott v. Board of Appeals of Melrose, 59 Mass. App. … See Hopengarten v. Board of Appeals of Lincoln, 17 Mass. App.

Reliable Electronic Finishing Co. v. Board of Assessors

410 Mass. 381 · Massachusetts Supreme Judicial Court · Jun 10, 1991

See Parkinson v. Assessors of Medfield, 398 Mass. 112, 116 (1986) (conservation restriction); Boston Edison Co. v. Assessors of Watertown, 387 Mass. 298, 304 (1982) (governmentally-imposed restriction); Coomey v. … See Firestone Tire & Rubber Co. v. County of Monterey, 223 Cal. App. 3d 382, 392-393 (1990); Inmar As-socs., Inc. v. Borough of Carlstadt, 112 N.J. 593, 600-601 (1988).

Sunderland v. Andover Retirement Board

6 Mass. L. Rptr. 578 · Massachusetts Superior Court · Apr 24, 1997

Defendant Board may have owed plaintiff a fiduciary duly, at least as to some aspects of managing the retirement program. See e.g., Toland v. … See Argo Comm’n Corp. v.

Ballarin, Inc. v. Licensing Board

7 Mass. L. Rptr. 608 · Massachusetts Superior Court · Aug 7, 1997

See Dixie’s Bar, Inc. v. Boston Licensing Board, 357 Mass. 699, 703 (1970). An agency’s decision is arbitrary and capricious when it is without evidentiary support. Mass. General Hosp. v. … Tea Co. v. Board of License Comm’rs of Springfield, 387 Mass. at 837 n.9.

Murgia v. Commonwealth of Massachusetts Board of Retirement

345 F. Supp. 1140 · District Court, D. Massachusetts · Jul 21, 1972

Brown v. Board of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954), Harper v. Virginia Board of Elections, 383 U.S. 663 , 86 S.Ct. 1079 , 16 L.Ed.2d 169 (1966). … Kotch v. Board of River Port Pilot Comm’rs, 330 U.S. 552 , 67 S.Ct. 910 , 91 L.Ed. 1093 (1947), Goesaert v. Cleary, 335 U.S. 464 , 69 S.Ct. 198 , 93 L.Ed. 163 (1948).