Case law

ROBERT D. FRATUS, JR. v. TOWN OF HARWICH & others.

100 Mass. App. Ct. 27 · Massachusetts Appeals Court · Jul 13, 2021

See RCA Dev., Inc. v. Zoning Bd. of Appeals of Brockton, 482 Mass. 156 , 160–161 (2019), quoting Commonwealth v. … Sturdy, supra, quoting Green v. Wilmington, 339 Mass. 142, 144 (1959), and MacDonald v. Boston, 318 Mass. 618, 619 (1945).

King v. Shank

92 Mass. App. Ct. 837 · Massachusetts Appeals Court · Mar 2, 2018

Commonwealth v. Mass. CRINC, 392 Mass. 79, 89 (1984). See Tri–Nel Mgt., Inc. v. Board of Health of Barnstable, supra. … See Mieczkowski v. Board of Registrars of Hadley, 53 Mass. App.

Commonwealth v. Lee

10 Mass. App. Ct. 518 · Massachusetts Appeals Court · Sep 17, 1980

Peering through the windshield, the officers observed a long brown box under a bunk bed in the left section of the van. (See Commonwealth v. Haefeli, 361 Mass. 271, 280 [1972], habeas corpus granted sub nom. Haefeli v. … wooden stock with a clip coming from the bottom, that he saw them put this gun into a brown box.

Lexington Nursing Home, Inc. v. Rate Setting Commission

358 Mass. 601 · Massachusetts Supreme Judicial Court · Jan 29, 1971

See Westland Housing Corp. v. Commissioner of Ins. 352 Mass. 374, 386-387 . … Harvey Payne, Inc. v. State Co. 342 Mass. 368, 370 . Board of Selectmen of Truro v. Outdoor Advertising Fd. 346 Mass. 754, 759 . T 7 Final decree affirmed with costs of appeal.

Saint Luke's Hospital v. Labor Relations Commission

320 Mass. 467 · Massachusetts Supreme Judicial Court · Nov 30, 1946

Universal Machine Co. v. Alcoholic Beverages Control Commission, 301 Mass. 40 . Commissioner of Corporations & Taxation v. Baker, 303 Mass. 606 . Hinckley v. Retirement Board of Gloucester, 316 Mass. 496 . … Compare Northwestern Hospital of Minneapolis v. Public Building Service Employes’ Union Local No. 113, 208 Minn. 389 , where the statute appears much broader than our own; Wisconsin Employment Relations Board v.

Commonwealth v. Feeney

221 Mass. 323 · Massachusetts Supreme Judicial Court · May 22, 1915

Dill v. Wareham, 7 Met. 438 ,446, 447. Commonwealth v. Bailey, 13 Allen, 541 . Williams v. Delano, 155 Mass. 10 . R. … Commonwealth v. Sisson, 189 Mass. 247, 252 .

Sunderland v. Building Inspector of North Andover

328 Mass. 638 · Massachusetts Supreme Judicial Court · Apr 10, 1952

Mullholland v. State Racing Commission, 295 Mass. 286, 290 . Circle Lounge & Grille, Inc. v. Board of Appeal of Boston, 324 Mass. 427, 431 . Boyle v. … See American Can Co. of Massachusetts v. Milk Control Board, 313 Mass. 156, 161 .

Neff v. Inhabitants of Wellesley

148 Mass. 487 · Massachusetts Supreme Judicial Court · Feb 27, 1889

Mill v. Boston, 122 Mass. 344 . Tindley v. Salem, 137 Mass. 171, 172 . … Oliver v. Worcester, 102 Mass. 489 . Worden v. New Bedford, 131 Mass. 23 . Tindley v. Salem, 137 Mass. 171 . This case clearly does not fall within the rule which we have stated.

Casa Loma, Inc. v. Alcoholic Beverages Control Commission

377 Mass. 231 · Massachusetts Supreme Judicial Court · Feb 5, 1979

See Board of Educ. v. Assessor of Worcester, 368 Mass. 511, 515-516 (1975); Cleary v. Cardullo’s, Inc., 347 Mass. 337, 344-345 (1964). … See School Comm. of Hatfield v. Board of Educ., 372 Mass. 513, 516 (1977); Springfield Hotel Ass’n v. Alcoholic Beverages Control Comm’n, 338 Mass. 699, 702 (1959).

City of Somerville v. Somerville Municipal Employees Ass'n

418 Mass. 21 · Massachusetts Supreme Judicial Court · May 31, 1994

School Comm. of Boston v. … The union could have sought an order compelling the mayor to submit the cost items to the board in the first year. See Billerica v.

Heaney v. Colonial Filling Stations, Inc.

262 Mass. 338 · Massachusetts Supreme Judicial Court · Jan 25, 1928

It was held in Burke v. … See Richardson v. Pond, 15 Gray, 387 ; Salisbury v. Herchenroder, 106 Mass. 458 ; Commonwealth v. Byard, 200 Mass. 175 .

TROPICAL FAY'S - II, LLC, & Another v. ZONING BOARD OF APPEAL OF BOSTON & Another.

Massachusetts Appeals Court · Jul 29, 2025

"Section 11 of the [Boston zoning] enabling act confers standing on '[a]ny person aggrieved by a decision' of the board of appeal." Epstein v. Board of Appeal of Boston, 77 Mass. App. Ct. 752, 756 (2010). … Porter v. Board of Appeal of Boston, 99 Mass. App. Ct. 240, 241 (2021). "A plaintiff who is an abutter to the property in question enjoys a presumption that he or she is a 'person aggrieved.'" Picard v.

RCN BECOCOM LLC v. COMMISSIONER OF REVENUE & others.

100 Mass. App. Ct. 802 · Massachusetts Appeals Court · Apr 1, 2022

McKenney v. … See generally Goldberg v. Board of Health of Granby, 444 Mass. 627, 633 (2005), quoting Nuclear Metals, Inc. v. Low-Level Radioactive Waste Mgt.

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 .

In re the Valuation of MCI WorldCom Network Services, Inc.

454 Mass. 635 · Massachusetts Supreme Judicial Court · Sep 10, 2009

“Our review of a board decision is limited to questions of law.” Bell Atl. Mobile of Mass. Corp., Ltd. v. Commissioner of Revenue, 451 Mass. 280, 283 (2008) (Bell Atl.), citing Towle v. … If the appellant fails to meet that burden, the board is not empowered to substitute its own valuation of the § 39 property. Cf. Assessors of Sandwich 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.

Sprint Spectrum L.P. v. Town of Easton

982 F. Supp. 47 · District Court, D. Massachusetts · Oct 6, 1997

Paging, Inc. v. Board of Zoning Appeals for County of Montgomery, 957 F.Supp. 805, 807 (W.D.Va.1997) (citation omitted). … See Slater v. Board of Appeals of Brookline, 350 Mass. 70, 73 , 213 N.E.2d 394, 396 (1966). 4 . Notably, it is beyond dispute that Defendant, a local zoning board, acted under color of state law.

Jacobson v. Parks & Recreation Commission of Boston

345 Mass. 641 · Massachusetts Supreme Judicial Court · Apr 1, 1963

[The board] shall have the same powers over any lands placed or taken under the custody, care and control of said board by authority of this act, as if said lands had been taken by said board by the exercise of the right … That the plaintiffs as citizens could not act alone is indicated by Kelley v. Board of Health of Peabody, 248 Mass. 165, 169 , Povey v. School Comm. of Medford, 333 Mass. 70, 71-72 , Berry v.

Chace v. Sherman

119 Mass. 387 · Massachusetts Supreme Judicial Court · Jan 10, 1876

Baldwin v. Soule, 6 Gray, 321 . Lee v. Kane, 6 Gray, 495 . Doherty v. Brown, 10 Gray, 250 . Payson v. Macomber, 3 Allen, 69 . Clark v. Brown, 116 Mass. 504 . … Montague v.

Benton v. Benton

325 Mass. 736 · Massachusetts Supreme Judicial Court · May 3, 1950

Brown v. Brown, 323 Mass. 332, 333 . There is no inconsistency here. The findings required the decree. … She relies on Reddington v.