Case law

Jacob's Pillow Dance Festival, Inc. v. Assessors of Becket

320 Mass. 311 · Massachusetts Supreme Judicial Court · Oct 30, 1946

The board rules that the burden of proof is upon the party claiming éxemption “to show clearly and unequivocally that he comes within the terms of the exemption,” citing Redemptorist Fathers v. … Hairenik Association, Inc. v. Boston, 313 Mass. 274, 278-279 . Assessors of Boston v. Lamson, 316 Mass. 166, 172 . Assessors of Boston v.

Bratton v. CSX Transportation, Inc.

586 F. Supp. 2d 12 · District Court, D. Massachusetts · Nov 19, 2008

Dartt v. Browning-Ferris Indus., Inc., 427 Mass. 1, 3 , 691 N.E.2d 526 (1998). He must establish that he has a “reasonable expectation of proving each element” of the prima facie case. Beal v. … Board of Selectmen of Hingham, 419 Mass. 535, 541 , 646 N.E.2d 131 (1995) (citing Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716 , 575 N.E.2d 734 (1991)).

Nickerson v. City of Boston

131 Mass. 306 · Massachusetts Supreme Judicial Court · Jun 29, 1881

Taunton v. Taylor, 116 Mass. 254 . Salem v. Eastern Railroad, 98 Mass. 431 . Wright v. Boston, 9 Cush. 233 . … Farnsworth v. Boston, 121 Mass. 173 .

Inhabitants of Belmont v. New England Brick Co.

190 Mass. 442 · Massachusetts Supreme Judicial Court · Feb 28, 1906

Belcher v. Farrar, 8 Allen, 325 . Taunton v. Taylor, 116 Mass. 254 . Sawyer v. State Board of Health, 125 Mass. 182, 191 . Train v. Boston Disinfecting Co. 144 Mass. 523, 526 . … Sawyer v. State Board of Health, 125 Mass. 182 . Lowell v. Archambault, 189 Mass. 70, 73 . See Hawthorn v. People, 109 Ill. 302 . Decree affirmed.

Hallenborg v. Town Clerk of Billerica

360 Mass. 513 · Massachusetts Supreme Judicial Court · Nov 22, 1971

See Village on the Hill, Inc. v. Massachusetts Turnpike Authy. 348 Mass. 107, 119 , cert. den. 380 U. S. 955 ; O’Donnell v. Board of Appeals of Billerica, 349 Mass. 324, 328 . See also.J. H. Wentworth Co. v. … See Richardson v. Zoning Bd. of Appeals of Framingham, 351 Mass. 375, 379-381 . See also Y. D. Dugout, Inc. v. Board of Appeals of Canton, 357 Mass. 25, 29-31 . 6.

BAK REALTY, LLC, & Another v. CITY OF FITCHBURG & Another

Massachusetts Supreme Judicial Court · Mar 28, 2025

Partnership v. Board of Appeals of Shirley, 461 Mass. 469, 475 (2012) (we "accord deference to a local board's reasonable interpretation of its own zoning bylaw"). … Moore v. Cataldo, 356 Mass. 325, 327 (1969), quoting Kane v. Board of Appeals of Medford, 273 Mass. 97, 104 (1930).

Correia v. Supreme Lodge of the Portuguese Fraternity of the United States

218 Mass. 305 · Massachusetts Supreme Judicial Court · Jun 17, 1914

Newburyport Institution for Savings v. Puffer, 201 Mass. 41, 46 . Foye v. Patch, 132 Mass. 105, 110 . … Hickey v. Baine, 195 Mass. 446, 452 , and cases cited.

Cavanaugh v. DiFlumera

9 Mass. App. Ct. 396 · Massachusetts Appeals Court · Mar 19, 1980

Blackman v. Board of Appeals of Barnstable, 334 Mass. 446, 450 (1956). Atherton v. Board of Appeals of Bourne, 334 Mass. 451, 454 (1956). … Board of Appeal of Cambridge, supra at 529-532; Dion v. Board of Appeals of Wal-tham, supra at 550-552; and Sherman v.

KEARSARGE WALPOLE LLC & Another v. ZONING BOARD OF APPEALS OF WALPOLE & Another.

Massachusetts Appeals Court · Aug 22, 2024

See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008). … Kearsarge appealed the building commissioner's decision to the board.

Commonwealth v. Leoner-Aguirre

94 Mass. App. Ct. 581 · Massachusetts Appeals Court · Dec 13, 2018

He also relies on Brown v. United States, 256 U.S. 335 (1921), for the proposition that an individual does not forfeit his right to use deadly force, even when it is safe to retreat and he fails to do so. … Brown was a common-law case, not purporting to interpret the United States Constitution, and it did not and does not prevent the Commonwealth from adopting the opposite rule. See Commonwealth v.

In re Mackenzie Coach Lines, Inc.

100 F. Supp. 489 · District Court, D. Massachusetts · Sep 27, 1951

Haynes Stellite Co. v. Chesterfield, 6 Cir., 97 F.2d 985, 986 . 3. After the Board issued its order, there were various attempts of the bankrupt and others to effectuate a compromise. … Bramwell v U.S. Fidelity Co., 269 U.S. 483 , 46 S.Ct. 176 , 70 L.Ed. 368 .

Opinion of the Justices to the Senate & the House of Representatives

341 Mass. 760 · Massachusetts Supreme Judicial Court · Aug 9, 1960

Hosp. v. Belmont, 233 Mass. 190, 200 . In Boston Elev. Ry. v. … “The power of the General Court over the subject of zoning” has been said to be “supreme” (see Bennett v. Board of Appeal of Cambridge, 268 Mass. 419, 422 ; Attorney Gen. v. Dover, 327 Mass. 601, 604-605 ).

Spacco v. Bridgewater School Department

722 F. Supp. 834 · District Court, D. Massachusetts · Aug 22, 1989

Nebraska State Board of Education, 188 Neb. 1 , 195 N.W.2d 161 , cert. denied, 409 U.S. 921 , 93 S.Ct. 220 , 34 L.Ed.2d 182 (1972); Brown v. Heller, 51 Misc.2d 660 , 273 N.Y.S.2d 713 (1966). … The lessor has no authority whatsoever concerning the activity at these extension schools.”); Brown v.

Rollins v. Gould

244 Mass. 270 · Massachusetts Supreme Judicial Court · Mar 2, 1923

Chase v. Webster, 168 Mass. 228 . Koffman v. Koffman, 193 Mass. 593 . R. L. c. 152, § 18. The provisions of § 24 of that statute are expressly limited to “dower in the land of her husband,” and are not applicable here. … Brown v. Brown, 222 Mass. 415 . G. L. c. 208, § 34. The statutes dealing with the subject aré distinct and separate from those pertaining to the rights of a surviving husband or wife in the estate of the other.

Goss v. District Court of Holyoke

302 Mass. 148 · Massachusetts Supreme Judicial Court · Jan 10, 1939

Barnard v. Lynn, 295 Mass. 144, 145 , and cases cited. … That sentence is quoted and explained in Tremblay v. Mayor of Fall River, 263 Mass. 118 , Smith v. New Bedford, 269 Mass. 345 , McDonald v. City Manager of Fall River, 273 Mass. 368 , and Ault v. Hurley, 291 Mass. 176 .

Cheney v. Barker

198 Mass. 356 · Massachusetts Supreme Judicial Court · Apr 4, 1908

Sears v. Crocker, 184 Mass. 586 . Chelsea Dye House Co. v. Commonwealth, 164 Mass. 350, 353 . Commonwealth v. Lowell Gas Light Co. 12 Allen, 75 . In Pierce v. … Keough v. Board of Aldermen of Holyoke, 156 Mass. 403 .

AA Transportation Co. v. Commissioner of Revenue

454 Mass. 114 · Massachusetts Supreme Judicial Court · Jun 12, 2009

Corp., Ltd. v. Commissioner of Revenue, 451 Mass. 280, 283 (2008). However, because the board is an agency charged with administering the tax law and has “expertise in tax matters,” RHI Holdings, Inc. v. … Nevertheless, if the board’s interpretation of a tax statute is reasonable, then we “should not supplant [its] judgment,” and the board’s interpretation will be adopted. Dowling v.

Wilson's Case

89 Mass. App. Ct. 398 · Massachusetts Appeals Court · May 16, 2016

board and an appellate court." … See McAuliffe v. Metcalfe, 289 Mass. 67, 69 (1935).

Eisai, Inc. v. Housing Appeals Committee

89 Mass. App. Ct. 604 · Massachusetts Appeals Court · Jun 20, 2016

Arthurs v. Board of Registration in Med., 383 Mass. 299, 312-313 (1981). … In Board of Appeals of Hanover v.

Butler v. Directors of Port of Boston

222 Mass. 5 · Massachusetts Supreme Judicial Court · Sep 16, 1915

Nichols v. Rogers, 139 Mass. 146 . Wallingford v. Mutual Society, 5 App. Cas. 685, 697. The question then is whether the facts alleged constitute ground for the issuance of the writ. … Gardner v. Lowell, 221 Mass. 150 . It is the general rule that where adequate relief may be had by resort to some other *13 remedy, the court will not issue a writ of mandamus. Crocker v.