Case law

Town of Granby v. Landry

341 Mass. 443 · Massachusetts Supreme Judicial Court · Nov 17, 1960

See, as to *447 “lots,” Vetter v. Zoning Bd. of Appeal of Attleboro, 330 Mass. 628, 630 ; Clarke v. Board of Appeals of Nahant, 338 Mass. 473, 478-480 . … Bowe v. Secretary of the Commonwealth, 320 Mass. 230, 246 . See Clarke v. Board of Appeals of Nahant, 338 Mass. 473, 480 . The defendant must show the by-law unconstitutional in its application to him. Kaplan v.

Kravitz v. Director of the Division of Employment Security

326 Mass. 419 · Massachusetts Supreme Judicial Court · Nov 6, 1950

Long v. George, 296 Mass. 574, 578 . Peterson v. Cadogan, 313 Mass. 133 . We are of opinion that the petition was rightly dismissed.' … See Rosenblatt v. Foley, 252 Mass. 188, 190 . Decision of District Court affirmed.

DAVID GOLD & Another v. ZONING BOARD OF APPEALS OF RUTLAND & Others.

Massachusetts Appeals Court · May 17, 2024

See Boston v. … In Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 529-530 (1999), the court held that a use variance was not a nonconforming use within the meaning of G. L. c. 40A, § 6.3 And in Seguin v.

Commonwealth v. Alford

113 N.E.3d 934 · Massachusetts Appeals Court · Nov 14, 2018

Ct. 246 , 248-249 (1999), quoting Commonwealth v. Goodwin , 57 Mass. 154 , 158 (1849). The defendant must present evidence that he was defending his property in order to raise such a defense. See Commonwealth v. … See Brown , supra . Cf. Commonwealth v. Ortega , 480 Mass. 603 , 610 (2018) ("we consider the evidence, from any source, and resolve all reasonable inferences in favor of the defendant"). The evidence was as follows.

Fellsway Realty Corp. v. BLDG. COMMISSIONER OF MEDFORD

332 Mass. 471 · Massachusetts Supreme Judicial Court · Apr 4, 1955

Kenney v. Building Commissioner of Melrose, 315 Mass. 291, 293, 294 . D’Ambra v. Zoning Board of Appeal of Attleboro, 324 Mass. 61 . Deutschmann v. Board of Appeals of Canton, 325 Mass. 297 . Caputo v. … Elmer v. Commissioner of Insurance, 304 Mass. 194, 199 . Massachusetts Society of Graduate Physical Therapists, Inc. v. Board of Registration in Medicine, 330 Mass. 601, 605-606 . So ordered.

Foster v. Mayor of Beverly

315 Mass. 567 · Massachusetts Supreme Judicial Court · Feb 29, 1944

The board of health approved the petition, and the matter was then referred to the board of aldermen. … See Laurel Hill Cemetery v. San Francisco, 216 U. S. 358, 365 ; State v. District Court of Ramsey County, 114 Minn. 287, 291 ; Mayor & Common Council of Newark v. Watson, 27 Vroom, 667 ; Moritz v.

Six Brothers, Inc. v. Town of Brookline

Massachusetts Supreme Judicial Court · Mar 8, 2024

Marlborough, 415 Mass. 750, 751-752 (1993) (upholding local board of health regulation limiting the operation of cigarette vending machines to certain locations); Take Five Vending, Ltd. v. … Lewis, supra ("local boards of health have a lot of authority to enact regulations" and "[i]n many ways this is very positive"). See also Lazlo L. v.

Myers v. City of Boston

247 Mass. 36 · Massachusetts Supreme Judicial Court · Nov 28, 1923

and mayor or that the board and mayor knew that either of them had attempted in the manner reported to act for the city or board. … Moynihan v. Todd, 188 Mass. 301 . Kerr v. Brookline, 208 Mass. 190 . Bolster v. Lawrence, 225 Mass. 387, 391 .

Promisel v. Hotels Statler Corp.

286 Mass. 15 · Massachusetts Supreme Judicial Court · Mar 27, 1934

Norton v. Chandler & Co. Inc. 221 Mass. 99 . The remark in Buzzell v. R. H. … The cases fall within Nersiff v. Worcester County Institution for Savings, 264 Mass. 228 , and Norton v. Chandler & Co. Inc. 221 Mass. 99 , rather than Buzzell v. R. H. White Co. 220 Mass. 129 . They were for a jury.

Snow v. Revere Rubber Co.

211 Mass. 82 · Massachusetts Supreme Judicial Court · Feb 27, 1912

Mooney v. Benjamin F. Smith Co. 205 Mass. 270 . There remains to be considered a question of evidence. … Derick v. Taylor, 171 Mass. 444 . Carpenter & Sons Co. v. New York, New Haven, & Hartford Railroad, 184 Mass. 98 .

Kitty v. City of Springfield

343 Mass. 321 · Massachusetts Supreme Judicial Court · Dec 11, 1961

Wheelock v. Lowell, 196 Mass. 220, 229-230 ; Coleman v. Louison, 296 Mass. 210, 213 . Cf. also Nevins v. City Council of Springfield, 227 Mass. 538, 544-545, 547 ; Rhyne, Municipal Law, § 5-9. … It is assumed (see Board of Health of Wo-burn v.

Cashin v. Corporation Finance Co.

251 Mass. 60 · Massachusetts Supreme Judicial Court · Jan 28, 1925

The records show that no meeting of the board was held in the year 1922 until May 24. The board of directors did not act collectively as a board. Commercial Brewing Co. v. McCormick, supra. … Murray v. Nelson Lumber Co., supra. C. A. Dodge Co. v.

Doe v. Worcester Public Schools

Massachusetts Supreme Judicial Court · Apr 28, 2020

Boelter v. Selectmen of Wayland, 479 Mass. 233, 238 (2018), quoting Seney v. … Goss, 419 U.S. at 576, quoting Brown v. Board of Educ., 347 U.S. 483, 493 (1954) ("'education is perhaps the most important function of state and local governments,' . . .

Town of Holden v. Holden Suburban Supply Co.

343 Mass. 187 · Massachusetts Supreme Judicial Court · Nov 17, 1961

This is a suit in equity by the town of Holden, which by amendment has been substituted as plaintiff for the town’s board of health (Board of Health of Wareham v. … See Cochis v. Board of Health of Canton, 332 Mass. 721, 723 .

Flynn v. City of Cambridge

383 Mass. 152 · Massachusetts Supreme Judicial Court · Mar 12, 1981

(board). … We held that the Brookline rent control board was without authority to enact such regulations, because the regulations contradicted the policy of c. 842 to encourage home ownership. Zussman v.

Wirth v. Kuehn

191 Mass. 51 · Massachusetts Supreme Judicial Court · Mar 2, 1906

Thurston v. Perry, 130 Mass. 240 . … Baxter v. Gray, 4 Scott N. R. 374. These parties did not become members of one family, as in Kirchgassner v. Rodick, 170 Mass. 543 , Livingston v. Hammond, 162 Mass. 375 , and Spring v. Hulett, 104 Mass. 591 .

Walsh v. Macomber

119 Mass. 73 · Massachusetts Supreme Judicial Court · Oct 27, 1875

Brown v. Smith, 116 Mass. 108 . Torrey v. Cook 116 Mass. 163 , Hall v. Bliss, 118 Mass. 554 .

Marcus v. Griggs, Inc.

334 Mass. 139 · Massachusetts Supreme Judicial Court · May 8, 1956

Prushensky v. Pucilowski, 269 Mass. 477, 479 . Burwick v. McClure, 318 Mass. 626, 629-630 . LeBlanc v. Atlantic Building & Supply Co. Inc. 323 Mass. 702, 706 . See Sargent v. … See Collins v. Goodrich, 324 Mass. 251, 253-254 ; Flanders v. Pailey, 320 Mass. 744, 745 . Compare Blackstone v. Chelmsford Foundry Co. 170 Mass. 321, 322 ; Cole v. L. D. Willcutt & Sons Co. 214 Mass. 453, 456 .

Sevigny v. Lizotte

260 Mass. 296 · Massachusetts Supreme Judicial Court · Jun 29, 1927

It was said in Attorney General v. … To the same effect are Fowler v. Beebe, 9 Mass. 231 , Petersilea v. Stone, 119 Mass. 465 , Prince v. Boston, 148 Mass. 285 , Moloney v. Selectmen of Milford, 253 Mass. 400 .

Grant v. Aldermen of Northampton

316 Mass. 432 · Massachusetts Supreme Judicial Court · Jun 5, 1944

Ed.) c. 39, § 5 (Ryan v. … West Roxbury v. Minot, 114 Mass. 546 . Hull v. Adams, 286 Mass. 329, 333 .