Case law

Commonwealth v. Roxbury Charter High Public School

69 Mass. App. Ct. 49 · Massachusetts Appeals Court · May 14, 2007

See Sinnott v. Boston Retirement Bd., 402 Mass. 581, 585-586 , cert. denied sub nom. Sinnott v. Radin, 488 U.S. 980 (1988); Manfrates v. Lawrence Plaza Ltd. … Compare Aspinall v.

Massachusetts Respiratory Hospital v. Department of Public Welfare

414 Mass. 330 · Massachusetts Supreme Judicial Court · Feb 17, 1993

See Worcester Sand & Gravel Co. v. Board of Fire Prevention Regulations, 400 Mass. 464, 466 (1987); Scofield v. … See Gallo v. Division of Water Pollution Control, 374 Mass. 278, 288-289 (1978). See also Gill v. Board of Registration of Psychologists, 399 Mass. 724, 726 (1987). The hospital argues, citing Ciszewski v.

Commonwealth v. McCarthy

225 Mass. 192 · Massachusetts Supreme Judicial Court · Nov 28, 1916

Burke v. Holyoke Board of Health, 219 Mass. 219 . But under the statute he had no right to employ other journeymen plumbers to assist in the doing of such work. That would make him a master plumber. … His remedy is to bring a petition for a writ of mandamus to compel the proper board to give him a reasonable examination as to his qualifications to be a master plumber. Welch v. Swasey, 193 Mass. 364, 377 . Crocker v.

Walker's Case

453 Mass. 358 · Massachusetts Supreme Judicial Court · Mar 10, 2009

“The party challenging the board’s decision bears a ‘heavy’ burden of proving that the decision is invalid. Alliance to Protect Nantucket Sound, Inc. v. … Neither argument is persuasive in the circumstances of this case, particularly in light of the town’s “ ‘heavy’ burden of proving that the [board’s] decision is invalid.” Alliance to Protect Nantucket Sound, Inc. v.

MacDonnell's Case

82 Mass. App. Ct. 196 · Massachusetts Appeals Court · Jul 19, 2012

Commonwealth v. Durling, 407 Mass. 108, 111 (1990). … Commonwealth v. Speight, 59 Mass. App. Ct. 28, 32 (2003).

Commonwealth v. Drew

208 Mass. 493 · Massachusetts Supreme Judicial Court · Apr 4, 1911

The case of Train v. Boston Disinfecting Co. 144 Mass. 523 , relative to the disinfecting of rags, furnishes an illustration of what is meant by the statute. … See Commonwealth v. Maletsky, 203 Mass. 241 . Verdict set aside.

William Rodman & Sons, Inc. v. State Tax Commission

373 Mass. 606 · Massachusetts Supreme Judicial Court · Nov 4, 1977

If, on the record, as matter of law, the board was warranted in not granting an abatement as to the missing cigarettes, we may sustain its decision without remanding the proceedings to it. Cf. Assessors of Boston v. … See Afienko v. Harvard Club of Boston, 365 Mass. 320, 331 (1974); Knowles v. Gilchrist Co., 362 Mass. 642, 651 (1972); 9 J.

McKenna v. Eaton

182 Mass. 346 · Massachusetts Supreme Judicial Court · Dec 1, 1902

Pierce v. Dyer, 109 Mass. 374 . Adams v. Marshall, 138 Mass. 228, 234 . In Pierce v. … of the board.

Maguire v. Pan-American Amusement Co.

205 Mass. 64 · Massachusetts Supreme Judicial Court · Feb 23, 1910

Swift v. Barnes, 16 Pick. 194 . Leighton v. Brown, 98 Mass. 515 . … Swift v. Barnes, 16 Pick. 194 . Leighton v. Brown, 98 Mass. 515 . Stevens v. Tuite, 104 Mass. 328 . The damages should be assessed upon this basis. 4.

O'Connell v. Vainisi

82 Mass. App. Ct. 688 · Massachusetts Appeals Court · Oct 22, 2012

Ibid., citing Sheppard v. Tuning Bd. of Appeal of Boston, 74 Mass. App. Ct. 8, 11-12 (2009), S.C., 81 Mass. App. Ct. 394 (2012). See Dwyer v. Gallo, 73 Mass. App. … In the first instance, it is up to the board to give meaning to the zoning by-law it administers, with reviewing courts giving deference to the board’s interpretation so long as it is reasonable. See, e.g., Glidden v.

Piona v. Alcoholic Beverages Control Commission

332 Mass. 53 · Massachusetts Supreme Judicial Court · Dec 17, 1954

Burns v. Thomas Cook & Sons, Inc. 317 Mass. 398, 402 . O’Leary, petitioner, 325 Mass. 179, 182 . Compare Burgess v. Mayor & Aldermen of Brockton, 235 Mass. 95, 100 ; Clarke v. … See Coyne v. Alcoholic Beverages Control Commission, 312 Mass. 224, 230 ; Selectmen of Lakeville v. Alcoholic Beverages Control Commission, 329 Mass. 769 .

Taylor v. Neal

260 Mass. 427 · Massachusetts Supreme Judicial Court · Jul 1, 1927

Taylor, both of New York, against the Christian Science Board of Directors as a board and as individuals; John Y. … Raynes v. Sharp, 238 Mass. 20, 25 . Krauthoff v. Attorney General, 240 Mass. 88, 92 . Spear v. H. V. Greene Co. 246 Mass. 259, 269 . It is unnecessary to discuss other grounds of demurrer. Decrees affirmed with costs.

Druker v. State Tax Commission

374 Mass. 198 · Massachusetts Supreme Judicial Court · Jan 5, 1978

See Kaufman v. Federal Nat’l Bank, 287 Mass. 97 (1934); Cunningham v. Bright, 228 Mass. 385 (1917). … We find no error in the board’s application of the law of trusts to the facts presented by the Colonnade and Westberk “trusts.” Moreover, we believe that the board has correctly distinguished the case of Dexter v.

Cohen v. BD. OF WATER COMMRS., FIRE DIST. SOUTH HADLEY

411 Mass. 744 · Massachusetts Supreme Judicial Court · Jan 29, 1992

See Hurlburt v. Great Barrington, 300 Mass. 524, 526-527 (1938); Seaver v. Onset Fire Dist., 282 Mass. 209, 213 (1933); President & Trustees of Williams College v. Williamstown, 219 Mass. 46, 47 (1914); Prout v. … See Hellman v. Board of Registration in Medicine, 404 Mass. 800, 803 (1989) ("We interpret a regulation `in the same manner as a statute[,] and according to traditional rules of construction'"); Bell v.

Cieri v. Commissioner of Insurance

343 Mass. 181 · Massachusetts Supreme Judicial Court · Nov 15, 1961

Commonwealth v. Higgins, 4 Gray, 34 , 35. Opinion of the Justices, 239 Mass. 603, 605 .” Opinion of the Justices, 275 Mass. 575, 579 . Howard v. State Bd. of Retirement, 325 Mass. 211, 213 . … See Sullivan v. Committee on Rules of the House of Representatives, 331 Mass. 135,137 .

Lindberg v. State Tax Commission

335 Mass. 141 · Massachusetts Supreme Judicial Court · Dec 6, 1956

Ed.) c. 58A, § 13, which allows an appeal from “any decision” of the board. Similar appeals have been previously entertained. We think the case is properly here. Commissioner of Corporations & Taxation v. … Danforth v. Groton Water Co. 178 Mass. 472 , 475—178. In Mulligan v.

Cook v. Overseers of Public Welfare

303 Mass. 544 · Massachusetts Supreme Judicial Court · Jul 7, 1939

Members of such a board are public officers. * Orlando v. Brockton, 295 Mass. 205, 207 . Everett v. Canton, ante, 166, 170. … Boston Electric Co. v. Cambridge, 163 Mass. 64 . Simpson v. Marlborough, 236 Mass. 210 . Dyer v. Boston, 272 Mass. 265, 274 . Galassi Mosaic & Tile Co. v. Boston, 295 Mass. 544, 549 . Continental Construction Co. v.

Kendall v. Director of the Division of Employment Security

393 Mass. 731 · Massachusetts Supreme Judicial Court · Jan 23, 1985

See Hollis Hills Jewish Center v. … The law requires that the board’s findings be upheld if they are supported by substantial evidence. G. L. c. 30A, § 14 (7). *736 See Garfield v. Director of the Div. of Employment Sec., ill Mass. 94, 96 (1979).

Seavey v. Potter

121 Mass. 297 · Massachusetts Supreme Judicial Court · Nov 14, 1876

Ormsby v. Dearborn, 116 Mass. 386 . See also Bassett v. Brown, 105 Mass. 551 . Exceptions overruled.

In re Fordham

423 Mass. 481 · Massachusetts Supreme Judicial Court · Aug 9, 1996

Callahan v. Board of Bar Overseers, 417 Mass. 516, 518 (1994). … See Commonwealth v.