Case law

Lasell Village, Inc. v. Board of Assessors of Newton

67 Mass. App. Ct. 414 · Massachusetts Appeals Court · Sep 21, 2006

An exemption from taxation is recognized “only where the property falls clearly and unmistakably within the express words of a legislative command,” Boston Chamber of Commerce v. … The college’s academic dean testified that during the winter and early spring of 2001, there were formal proposals under consideration for the establishment of a research institute at the Village as well as for the establishment

Commonwealth v. Ruiz

442 Mass. 826 · Massachusetts Supreme Judicial Court · Nov 19, 2004

The judge had an adequate basis for implicitly qualifying McDevitt as an expert. See id. at 183 . … Particularly, the prosecutor’s remarks were based on Polanco’s inconsistent statements as established through his grand jury testimony. See id. at 60-61 . 3. Jury instructions.

Dow v. Donovan

150 F. Supp. 2d 249 · District Court, D. Massachusetts · Jun 19, 2001

Defendant also misstates the meaning of “qualified” for the purpose of the prima facie case. … Plaintiff need not show that she was “qualified” for partnership in the sense that she was clearly entitled to partnership; rather, plaintiff must merely show “that she was sufficiently qualified to be among those persons

Commonwealth v. Rodriguez

Massachusetts Appeals Court · Feb 20, 2018

Even with a qualified officer testifying, field test evidence may not be offered without a demonstration of its validity or reliability under Lanigan. … The improper use of the field test result clearly prejudiced the defendant, and we cannot say with fair assurance that the error had but slight effect. 2. Limitations on defense evidence.

Grew v. Breed

51 Mass. 569 · Massachusetts Supreme Judicial Court · Mar 15, 1846

Then it is very obvious, that the agreement, as stated, was an accord without satisfaction, which was clearly no bar to the demand against the bank. … The qualified liability of stockholders for the unpaid bills of the bank, after its dissolution, *575 does establish a relation like that of principal and surety, in some respects; but it differs in others, and especially

Attorney General v. City of Methuen

236 Mass. 564 · Massachusetts Supreme Judicial Court · Jan 4, 1921

The only authority conferred by the Constitution to establish a city is found in art. 2 of the Amendments. … Clearly votes passed at a hearing before a legislative committee under these circumstances did not constitute an application for a city charter by a majority of the inhabitants of the town present and voting “at a meeting

Prudential Loan Corp. v. Peraner

6 Mass. App. Div. 185 · Massachusetts District Court, Appellate Division · May 6, 1941

The issue, therefore, is clearly cut, which statute of limitations applies, the six year statute or the twenty year statute. … That case was one of the first which established the principle that an action can be brought on such a note by a holder in the name of the payee, but for the use of the indorsee.

Garabedian v. Westland

59 Mass. App. Ct. 427 · Massachusetts Appeals Court · Sep 26, 2003

in addition to affirming the building inspector’s denial of a permit for Garabedian to build a second hangar, that Garabedian had the right to bring fill onto his property, albeit subject to restrictions that the board established … The findings of fact as to loches by the trial judge, when based on oral evidence, will not be disturbed by a reviewing court unless clearly erroneous. Myers v. Salin, supra at 138 . There is no such error here. 6.

Local Division 589, Amalgamated Transit Union v. Massachusetts

511 F. Supp. 312 · District Court, D. Massachusetts · Mar 17, 1981

This clearly is not intended to be exclusive. … The propriety of such layoffs is clearly a controversy subject to binding arbitration under the terms of Article XLI of the collective bargaining agreement.

Department of Community Affairs v. Massachusetts State College Building Authority

378 Mass. 418 · Massachusetts Supreme Judicial Court · Jul 5, 1979

Because the Authority is a "public agency” within the meaning of c. 79A and the sponsor involved in the Moorer case was not, we find that case clearly distinguishable. … Initially, the Department must qualify a relocation advisory agency before any acquisition displacing occupants may proceed. G. L. c. 79A, § 2.

Reep v. COMMISSIONER OF THE DEPT. OF EMP. & TRAINING

412 Mass. 845 · Massachusetts Supreme Judicial Court · Jun 11, 1992

But this argument, however appealing, cannot override what seems to us to be the clearly expressed legislative intent. … If the Legislature were to have favored that kind of onerous and harsh result, it is fair to assume that it would have said so in G.L.c. 151, § 25 ( e ), loudly and clearly. *860 I would reverse the judgment below and would

Smith v. Commissioner of Transitional Assistance

431 Mass. 638 · Massachusetts Supreme Judicial Court · May 26, 2000

A judge in the Superior Court agreed that in establishing the financial eligibility test as it did in 106 Code Mass. … Self-reliance may require an income greater than such minimal assistance, and the Legislature clearly provided that a nonexempt recipient could earn slightly more than twice his or her TAFDC benefit level before benefits

City of Boston v. Aetna Life Insurance

399 Mass. 569 · Massachusetts Supreme Judicial Court · Apr 9, 1987

An order for payment can qualify as words of assignment, such as “kindly pay” (see Andrews Elec., Inc. v. St. … Its assertion to that effect, unsupported by reasons, does not qualify as argument. No G.

Mayor of Somerville v. District Court of Somerville

317 Mass. 106 · Massachusetts Supreme Judicial Court · Sep 20, 1944

.” • And the burden of establishing the essential facts—' that the removal was made “without proper cause” or made “in bad faith” — rests upon the employee removed. Murray v. … It may be that it could be found that married women as a class are not qualified — or are substantially less qualified than unmarried women as a class — for some employments in the public service. See Sheldon v.

Attorney General v. Administrative Justice of Boston Municipal Court Department of Trial Court

384 Mass. 511 · Massachusetts Supreme Judicial Court · Oct 26, 1981

L. c. 185C) of the Act established the Housing Court Department of the Trial Court, consisting of the City of Boston Division and the Hampden County Division. … Although we draw support from these cases, we continue to rely on, and to be guided by, art. 63’s history and language which clearly manifest the framers’ intent to strike a balance between the exercise of legislative and

Stewart v. F.W. Woolworth Co.

1 Mass. L. Rptr. 14 · Massachusetts Superior Court · May 6, 1993

[A] cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists. … This was positive testimony from one qualified to express an opinion.

Commonwealth v. Melo

472 Mass. 278 · Massachusetts Supreme Judicial Court · Jul 23, 2015

The victim telephoned the defendant because the amount 3 The defendant's wife testified pursuant to a grant of immunity. 4 Michael Stenstream testified pursuant to a grant of immunity. … "We accept other findings that were based on testimony at the evidentiary  27 hearing and do not disturb them where they are not clearly erroneous."

Markle v. HSBC Mortgage Corp. (USA)

844 F. Supp. 2d 172 · District Court, D. Massachusetts · Jul 12, 2011

If the homeowner qualifies under these eligibility criteria, the guidelines direct the servicer to offer that individual a Trial Period Plan (“TPP”). … An intended beneficiary need not be specifically named in the contract, however, so long as he falls “within a class clearly intended by the parties to benefit from the contract.”

Smith Barney, Harris Upham & Co., Inc. v. Connolly

887 F. Supp. 337 · District Court, D. Massachusetts · Nov 16, 1994

Treas.Reg. § 301.6323(h) — 1(g) (1976). 10 To qualify, a *343 judgment holder must (1) “perfeet[] a lien under the judgment on the property involved” according to “local law,” Treas.Reg. § 301.6323(h) — 1(g) (1976); See United … Because there is no waiver of sovereign immunity for a taxpayer to challenge the merits of his assessed tax liabilities in an interpleader action, Mclnerney cannot contest the merits of his assessed tax liabilities here.

Comfort Ex Rel. Neumyer v. Lynn School Committee

263 F. Supp. 2d 209 · District Court, D. Massachusetts · Jun 6, 2003

See Paradise, 480 U.S. at 182 , 107 S.Ct. 1053 (finding significant the fact that a racial classification prefers only qualified applicants of one race for hiring or promotion, and that the impact on qualified applicants … The evidence clearly establishes a risk of reversion to segregation, but of a de facto nature.