Case law

School Committee of Burlington v. Burlington Educators Ass'n

7 Mass. App. Ct. 41 · Massachusetts Appeals Court · Feb 14, 1979

See and compare Board of Educ. of Community *48 High Sch. Dist. No. 218 v. Falk, 8 Ill. App. 3d 696, 699 (1972); Board of Educ. of Marshallton-McKean Sch. Dist. v. Sinclair, 373 A.2d 572, 574-575 (Del. 1977). … Compare School Comm. of Southbridge v. Brown, 375 Mass. 502, 506 (1978). If the court determines that there is no such controversy, the present judgment is to stand. Costs of appeal are not to be awarded to any party.

Bernstein v. Planning Bd. of Wayland

94 Mass. App. Ct. 1114 · Massachusetts Appeals Court · Dec 21, 2018

L. c. 40A, § 17, appealing from a special permit granted by the planning board of Wayland to Twenty Wayland, LLC for a mixed-use development in Wayland's town center (town center project). … As part of the agreement, the plaintiffs amended their complaint to add the town's board of selectmen and the town's board of road commissioners.

Kreisberg ex rel. National Labor Relations Board v. Emerald Green Building Services, LLC

164 F. Supp. 3d 181 · District Court, D. Massachusetts · Nov 13, 2015

See Equal Emp’t Opportunity Comm’n v. … See Asseo v. Pan Am. Grain Co., Inc., 805 F.2d 23, 27 (1st Cir.1986)(“[A]rguably the possibility of subsequent relief by the Board in the form of reinstatement with back pay precludes a finding of irreparable harm.

ZONING BOARD OF APPEALS OF BRAINTREE v. 383 WASHINGTON STREET, LLC, & Others (And a Consolidated Case)

Massachusetts Appeals Court · Jun 18, 2025

L. c. 40B, §§ 21, 23; Board of Appeals of Hanover v. Housing Appeals Comm., 363 Mass. 339, 364 (1973) (board of appeals to apply same "consistent with local needs" standard as HAC). … Attorney Gen. v. Milton, 495 Mass. 183 , 193-196 (2025).

Wood v. Inhabitants of Concord

268 Mass. 185 · Massachusetts Supreme Judicial Court · Jun 27, 1929

It is recited in that agreement that it is executed by the defendant by its board of selectmen thereto duly authorized. … Brown v. Newburyport, 209 Mass. 259 . Franklin Savings Bank v. Framingham, 212 Mass. 92 . Simpson v. Marlborough, 236 Mass. 210 .

City of Quincy v. Brooks-Skinner, Inc.

325 Mass. 406 · Massachusetts Supreme Judicial Court · Mar 3, 1950

Burt v. Hodsdon, 242 Mass. 302, 303 . Weeks v. Adamson, 106 Mass. 514, 517 . Boston v. Robbins, 116 Mass. 313, 315 . Sylvester v. Hubley, 157 Mass. 306, 308 . Stillman v. Whittemore, 165 Mass. 234, 235 . Stillman v. … Thus in Brown v. Winthrop, 275 Mass. 43 , it was held that counsel for a town could not waive the giving of notice of the time, place and cause of injury required by G. L. (Ter. Ed.) c. 84, § 18. And in Waltham v.

Invitrogen Corp. v. PRESIDENT AND FELLOWS, HARVARD

578 F. Supp. 2d 248 · District Court, D. Massachusetts · Aug 12, 2008

Instrument Corp. v. … See Brown v. Barbacid, 276 F.3d 1327, 1335 (Fed.Cir.2002).

Riley v. Tencara, LLC (In Re Wolverine, Proctor & Schwartz, LLC)

447 B.R. 1 · United States Bankruptcy Court, D. Massachusetts · Jan 21, 2011

Wolverine Proctor, LLC was managed by a five member Board of Managers. … According to Exhibit 7.1 of the Limited Liability Company Agreement, the Board of Managers initially was comprised of Kulkarni, Brown and three representatives of Parthenon Capital.

Cummings v. Tolman

292 Mass. 58 · Massachusetts Supreme Judicial Court · Sep 12, 1935

Dwelley v. Dwelley, 143 Mass. 509, 515 . Vanhook v. Hasty, 199 Ky. 235, 236 . Howe v. Howe, 10 N. H. 88, 90. … The case at bar is distinguishable from Baker v. Brown, 146 Mass. 369 . 3. On the day when the master’s first report was filed, there was also filed a motion by the plaintiff that Martha M.

New England Glass Co. v. Lovell

61 Mass. 319 · Massachusetts Supreme Judicial Court · Mar 15, 1851

They had been laden on board the defendants’ schooner, at Boston, and bills of lading given, promising to carry them safely to New* York, “ dangers of the seas excepted; ” and the question was, whether the loss was within … Folkes v. Chadd, 3 Doug. 157 ; 1 Greenl. Ev. § 440; 6 N. Hamp. 463. W. Sohier, for the plaintiffs. B. F. Hallett, for the defendants.

Board of Trustees of the 447 Marlborough Street Condominium Trust v. Corben

23 Mass. L. Rptr. 148 · Massachusetts Superior Court · Sep 13, 2007

See Linthicum v. … Berman v. Linnane, 434 Mass. 301, 302-03 (2001). For the factors guiding such discretion see Linthicum v. Archambault, supra, and Twin Fires Inv., LLC v. Morgan Stanley Dean Witter & Co., 445 Mass. 411 (2005).

Rothstein v. Contributory Ret. Appeal Bd.

93 Mass. App. Ct. 1109 · Massachusetts Appeals Court · May 4, 2018

Corp . v. Conservation Commn. of N. Andover , 36 Mass. App. Ct. 124 , 128 (1994), quoting from Cotter v. Chelsea , 329 Mass. 314 , 319 (1952). … See Milligan v. Board of Registration in Pharmacy , 348 Mass. 491 , 500 (1965) ("[T]he broad, remedial purpose of [G. L. c. 30A is] to provide comprehensively for procedural due process in administrative proceedings").

The Emulous

8 F. Cas. 697 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1813

Elijah Brown, as agent for the British owners (one of whom, James Brown, is his brother), sold the whole cargo to the present claimant, Mr. … Glass v. The Betsy, 3 Dall. [3 U. S.] 6; Talbot v. Janson, Id. 133 ; Penhallow v. Doane, Id. 54 ; Jennings v. Carson, 4 Cranch [8 U. S.] 2. Over what captures then has the admiralty jurisdiction, as a prize court?

Commonwealth v. Cline

213 Mass. 225 · Massachusetts Supreme Judicial Court · Jan 3, 1913

Commonwealth v. Scott, 123 Mass. 222 . Commonwealth v. Robinson, 146 Mass. 571 . Commonwealth v. Meserve, 154 Mass. 64 . Commonwealth v. Hunton, 168 Mass. 130 . … By Brown, J., before whom the defendants were tried. The count alleged that the property attempted to be stolen was in the pocket of the unknown person. Cline, Davis and Dixon.

Crowley's Case

287 Mass. 367 · Massachusetts Supreme Judicial Court · Jul 5, 1934

See also Rousu v. Collins Co. 114 Conn. 24 ; Michna v. Collins Co. 116 Conn. 193 . … It was not held in Brown’s Case, 228 Mass. 31, 37, 38 , that an accident cannot cause an “injury” until it causes incapacity or the anticipation of it.

Devito v. Cellular Mobile Communications, Inc.

1993 Mass. App. Div. 48 · Massachusetts District Court, Appellate Division · Mar 8, 1993

P., Rule 41 (b) (2). 3 Brown v. Gerstein, 17 Mass. App. Ct. 558 , 559 n.1 (1984); Sellars v. Shaughnessy Crane Service, Inc., 1988, Mass. App. Div. 42, 43. The departure from prior practice is more than semantical. … Co. v. Wilson, 387 Mass. 841, 847-848 (1983); Curtiss-Wright Corp. v. Edel-Brown Tool & Die Co., 381 Mass. 1, 3-4 (1980).

Kotler v. Spaulding

24 Mass. App. Ct. 515 · Massachusetts Appeals Court · Jul 22, 1987

Brown, J. The father appeals from a judgment of a Probate Court (entered April 1, 1986) on a complaint for contempt *516 brought by the mother. … Board of Appeal on Motor Vehicle Liability Policies & Bonds, 382 Mass. 580, 586 (1981) (limitations of principle of implied repeal); Murray v. Board of Appeals of Barnstable, 22 Mass. App. Ct. 473, 479 (1986).

Mitchell v. Bd. of Appeal On Motor Vehicle Liab. Policies & Bonds

482 Mass. 1105 · Massachusetts Supreme Judicial Court · Jun 27, 2019

Franclemont v. Commissioner of Department of Employment & Training

42 Mass. App. Ct. 267 · Massachusetts Appeals Court · Feb 28, 1997

See Brown Shoe Co. v. United States, 370 U.S. 294, 325, 336-337 (1962) (emphasizing the importance of commercial realities and reasonable interchangeability of product use in determining the existence of competition). … See Brown Shoe Co., supra.

Neurath v. Bd. of Appeals of Lexington

92 Mass. App. Ct. 1105 · Massachusetts Appeals Court · Sep 18, 2017

We review the dismissal of the plaintiff's complaint de novo. 311 West Broadway LLC v. Board of Appeal of Boston , 90 Mass. App. Ct. 68 , 73 (2016). "Under the Zoning Act, G. … L. c. 40A, only a 'person aggrieved' has standing to challenge a decision of a zoning board of appeals." 81 Spooner Rd., LLC v. Zoning Bd. of Appeals of Brookline , 461 Mass. 692 , 700 (2012).