Case law

Amherst Associates v. Amherst Housing Review Board

1989 Mass. App. Div. 51 · Massachusetts District Court, Appellate Division · Mar 17, 1989

In another case, Rent Control Board of Cambridge v. … We believe that Zoning Board of Appeals of Wellesley v.

Massey v. Board of Regional Community Colleges

11 Mass. App. Ct. 1033 · Massachusetts Appeals Court · May 15, 1981

Winiker Realty, Inc. v. Zoning Board of Appeals

362 Mass. 869 · Massachusetts Supreme Judicial Court · Jun 16, 1972

The plaintiff filed on or about April 23, 1968, with the Zoning Board of Appeals of Millis (the board) an application for a special permit to erect six multi-unit dwellings on a locus situated in residential district No. … This ruling, and the final decree sustaining the decision of the board of appeals, were correct. See Doliner v. Planning Bd. of Millis, 343 Mass. 1, 6-7 . A. T Handverger for the plaintiff. John F. St.

Phoenix Home Life Mutual Insurance v. Brown

8 Mass. L. Rptr. 340 · Massachusetts Superior Court · Apr 10, 1998

The Court in this case cited Thaler v. American Ins. … This question has recently been addressed in Kapp v. Arbella Mutual Insurance Company, 426 Mass. 683 (1998).

Board of Public Works v. Third District Court

319 Mass. 638 · Massachusetts Supreme Judicial Court · Jun 1, 1946

Swan v. Justices of the Superior Court, 222 Mass. 542, 547 . In Murray v. … Murphy v. Third District Court of Eastern Middlesex, 316 Mass. 663, 665 . Mayor of Somerville v. District Court of Somerville, 317 Mass. 106, 109-110 . See Costa v.

Burke v. Board of Appeals

1 Mass. L. Rptr. 550 · Massachusetts Superior Court · Dec 23, 1993

Board of Appeals of Provincetown, 26 Mass.App.Ct. 469 (1988). This requirement was restored by the Supreme Judicial Court in Green v. Board of Appeals of Provincetown, 404 Mass. 571 (1989). … See Barvenik v. Board of Appeals of Newton, 33 Mass.App.Ct. 129 (1992), and a decision reported in this week’s Lawyers Weekly which the Court has not read, entitled Cohen v.

Massachusetts Parole Board v. Waxman

1 Mass. L. Rptr. 161 · Massachusetts Superior Court · Sep 10, 1993

Commonwealth v. … Springfield, 403 Mass. 604 (1988); Springfield v. Civil Service Comm'n, 403 Mass. 612 (1988); Doe v. Springfield, 403 Mass. 1010 (1988). The three cases were decided one month after the board discharged Maurice.

National Labor Relations Board v. Wyman-Gordon Co.

270 F. Supp. 280 · District Court, D. Massachusetts · Jun 30, 1967

The enforceability of the Board’s Excelsior rule has been the subject of several district court decisions. The majority, including N. L. R. B. v. Wolverine Industries, E.D.Mich., 1966, 64 LRRM 2060, and N. L. R. B. v. … Rohlen, N.D.Ill., 1967, 64 LRRM 2168, have ordered compliance with the Board subpoena. The minority view, denying enforcement of the Board subpoena, is represented by N. L. R. B. v.

Vining Disposal Service, Inc. v. Board of Selectmen

416 Mass. 35 · Massachusetts Supreme Judicial Court · Aug 4, 1993

Haines v. Town Manager of Mansfield, 320 Mass. 140, 142 (1946). Accord Chelmsford Trailer Park, Inc. v. Chelmsford, 393 Mass. 186, 192, 197 (1984). … See Boston Edison Co. v.

Tennessee Gas Pipeline Co. v. Board of Assessors

428 Mass. 261 · Massachusetts Supreme Judicial Court · Oct 19, 1998

.); Foxboro Assocs. v. Assessors of Foxborough, 385 Mass. 679, 684 (1982). On appeal, the taxpayer must show an error of law by the board. Montaup Elec., supra at 849 . … Using the unit *265 principle, adopted by the board in Tenneco, Inc. v. Commissioner of Revenue, 9 Mass. App. Tax Bd.

Turners Falls Ltd. Partnership v. Board of Assessors

54 Mass. App. Ct. 732 · Massachusetts Appeals Court · May 14, 2002

The board may take some direction from cases such as Boston Edison Co. v. … That tardiness deprived the board of jurisdiction over the fiscal 1997 appeal. See Roda Realty Trust v. Assessors of Belmont, 385 Mass. 493, 495 (1982); Guzman v. Assessors of Oxford, 24 *734 Mass. App.

Kearns v. State Board of Retirement

82 Mass. App. Ct. 682 · Massachusetts Appeals Court · Oct 19, 2012

The State Board of Retirement (board) appeals from a judgment on the pleadings entered in the Superior Court reversing a decision of the Contributory Retirement Appeal Board (CRAB). … Plymouth v. Civil Serv. Commn., 426 Mass. 1, 5 (1997). We begin with the relevant statutory language. See Leary v. Contributory Retirement Appeal Bd., 421 Mass. 344, 345-346 (1995), quoting from Hoffman v.

Steamboat Realty, LLC v. Zoning Board of Appeal

70 Mass. App. Ct. 601 · Massachusetts Appeals Court · Oct 30, 2007

Brown, J. … Damaskos v. Board of Appeal of Boston, 359 Mass. 55, 62 (1971).

Waxman v. Amherst Housing Review Board

1992 Mass. App. Div. 89 · Massachusetts District Court, Appellate Division · May 1, 1992

The decision of the Board was clearly within its purview, and this Court will not substitute its judgment for that of the trier of fact. Sherman v. Rent Control Board of Brookline, supra. … Zussman v. Rent Control Board of Brookline, 371 Mass. 632 (1976); Niles v. Boston Rent Control Administrator, supra. The trial Court concluded that the decision of the Board was legally justified.

Jet-Line Services, Inc. v. Board of Selectmen

25 Mass. App. Ct. 645 · Massachusetts Appeals Court · Apr 20, 1988

Sage Co. v. Foley, 12 Mass. App. Ct. at 25-26 . Compare Carabetta Enterprises, Inc. v. Schena, ante 389, 392 (1988). Compare, on the criminal side, Commesso v. … In particular, it contested each of the six violations found by the board of the permit conditions imposed by the board (and agreed to by Jet-Line) in 1980.

Gangi v. BOARD OF APPEALS OF SALEM

334 Mass. 183 · Massachusetts Supreme Judicial Court · May 11, 1956

See Prescott Courier, Inc. v. Board of Supervisors of Yavapai County, 49 Ariz. 423, 430 ; Cochran v. McLaughlin, 128 Conn. 638, 642 ; Trustees of the Academy of Richmond County v. … Bohler, 80 Ga. 159, 161-162 ; Bartling v. Wait, 96 Neb. 532, 537 ; Gerke v. Purcell, 25 Ohio St. 229 , 244.

Winn v. Board of Appeals of Saugus

358 Mass. 804 · Massachusetts Supreme Judicial Court · Oct 30, 1970

The board of appeals granted Rossetti a variance to divide lot A-159 into two lots. The westerly lot on Essex Street *805 was to be 7,000 square feet and was to contain the present dwelling. … See Wolfson v. Sun Oil Co. 357 Mass. 87, 90 . See also McNeely v. Board of Appeal of Boston, ante, 94, 100-101. Bradbury Gilbert, Town Counsel, for the defendants. Final decree affirmed.

Rivernider v. Amherst Housing Review Board

1989 Mass. App. Div. 97 · Massachusetts District Court, Appellate Division · Apr 27, 1989

We review a decision concerning the Amherst Housing Review Board (“Board”). … See also, Garnett v. Director of the Division of Employment Security, 394 Mass. 417 (1985) for a discussion of a similar statutory scheme and factual situation.

Miller v. Board of Regents of Higher Education

405 Mass. 475 · Massachusetts Supreme Judicial Court · Aug 2, 1989

Pederson v. Time, Inc., 404 Mass. 14 , *478 17 (1989). Attorney Gen. v. Bailey, 386 Mass. 367, 371 , cert. denied sub nom. Bailey v. Bellotti, 459 U.S. 970 (1982). … Citing Quinn v.

Central Street, LLC v. Zoning Board of Appeals

69 Mass. App. Ct. 487 · Massachusetts Appeals Court · Jun 29, 2007

See Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 430-431 (1949); Standerwick v. Zoning Bd. of Appeals of Andover, 447 Mass. 20, 27-28 (2006).” Choate v. Zoning Bd. … Standerwick v. Zoning Bd. of Appeals of Andover, supra at 31-32. See Tsagro-nis v. Board of Appeals of Wareham, 33 Mass. App.