Case law

Planning Board of Barnstable v. Board of Appeals of Barnstable

358 Mass. 824 · Massachusetts Supreme Judicial Court · Mar 3, 1971

See Sullivan v. Board of Appeals of Belmont, 346 Mass. 81, 84 . Garfield v. Board of Appeals of Rockport, 356 Mass. 37, 41 . … Shacka v. Board of Appeals of Chelmsford, 341 Mass. 593, 594 . Garfield v. Board of Appeals of Rockport, supra, pp. 40-41.

Seguin v. Planning Board

33 Mass. App. Ct. 374 · Massachusetts Appeals Court · Oct 6, 1992

Mendes v. Board of Appeals of Barnstable, 28 Mass. App. Ct. 527, 531 (1990). … Compare Emond v. Board of Appeals of Uxbridge, 27 Mass. App. Ct. 630, 631-632 (1989).

Ham v. Board of Police

142 Mass. 90 · Massachusetts Supreme Judicial Court · Jun 28, 1886

board for cause.” … list by the said board; and the present rules and regulations of the board of aldermen for the government of the police shall continue in force until otherwise ordered by said board of police.”

Brown v. Bank of America, N.A.

457 F. Supp. 2d 82 · District Court, D. Massachusetts · Oct 17, 2006

Hershenow v. … See Bizier v.

Croteau v. Planning Board

40 Mass. App. Ct. 922 · Massachusetts Appeals Court · Apr 19, 1996

See Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass. App. Ct. 483 , 488 n.7 (1979). … , arbitrary, whimsical, or capricious, see also Harris v.

Brown v. Frederick J. Quinby Co.

204 Mass. 206 · Massachusetts Supreme Judicial Court · Jan 7, 1910

Elastic Tip Co. v. Graham, 185 Mass. 597 . Hill v. Hall, 191 Mass. 253, *212 265 . Stevens v. Stevens, 150 Mass. 557 . Wilson v. Powers, 131 Mass. 539, 540 . And see Fleming v. Morrison, 187 Mass. 120 . … Anthony v. Butler, 13 Peters, 423, 433 . Kelner v. Baxter, L. R. 2 C. P. 174.

Kane v. Board of Appeals

273 Mass. 97 · Massachusetts Supreme Judicial Court · Oct 9, 1930

Mayor of Boston, 193 Mass. 569, 573 ; Brown v. Newburyport, 209 Mass. 259, 266 . … Prusik v. Board of Appeal of Boston, 262 Mass. 451 .

Moncy v. Planning Board

50 Mass. App. Ct. 715 · Massachusetts Appeals Court · Jan 19, 2001

The *716 board had denied the endorsement based on lack of substantive proof that Bates Lane is a public way as that term is used in G. L. c. 41, § 81L. The plaintiff appealed the board’s decision to the Land Court. … Casagrande v. Town Clerk of Harvard, 377 Mass. at 706-709 . The board did not err in refusing to endorse the plan “approval under the subdivision control law not required.”

Falcone v. Planning Board

14 Mass. App. Ct. 950 · Massachusetts Appeals Court · Jul 16, 1982

by the board at that time. … Compare Weld v. Board of Appeals of Gloucester, 345 Mass. 376, 378-379 (1963). Despite the board’s use of an “approved-with-conditions” format, the 1974 action was in effect a disapproval of the plan as submitted.

Carson v. Board of Appeals

321 Mass. 649 · Massachusetts Supreme Judicial Court · Oct 6, 1947

Lambert v. Board of Appeals of Lowell, 295 Mass. 224, 225, 227 . Building Commissioner of Medford v. C. & H. Co. 319 Mass. 273, 281 . Smith v. Board of Appeals of Fall River, 319 Mass. 341, 343, 344 . … Marinelli v. Board of Appeal of Boston, 275 Mass. 169, 173 . Pitman v. Medford, 312 Mass. 618, 623, 624 .

Doe, Sex Offender Registry Board No. 3974 v. Sex Offender Registry Board

457 Mass. 53 · Massachusetts Supreme Judicial Court · Jun 4, 2010

The “nature of the case” assigned to the board is distinguishable from the elements of a prima facie case before the board. See Sperounes v. … No. 3844 v.

Amero v. Board of Appeal

283 Mass. 45 · Massachusetts Supreme Judicial Court · May 22, 1933

Something more than pecuniary advantage to the petitioner, which, standing alone, would not warrant a variance, Norcross v. Board of Appeal of Boston, 255 Mass. 177, 185 , Prusik v. … The case falls within- the decisions in Norcross v. Board of Appeal of Boston, 255 Mass. 177 ; Hammond v. Board of Appeal of Springfield, 257 Mass. 446 ; Marinelli v. Board of Appeal of Boston, 275 Mass. 169 .

Lynch v. Planning Board

4 Mass. App. Ct. 781 · Massachusetts Appeals Court · Feb 17, 1976

Ct. 747, 748 [1975]), and the board’s determination thereafter that the plan did require such approval was without legal effect (Cassani v. Planning Bd. of Hull, 1 Mass. App. Ct. 451, 453-458 [1973]). … Nor need we consider the board’s claim, based on Pieper v.

Marinelli v. Board of Appeals

440 Mass. 255 · Massachusetts Supreme Judicial Court · Oct 24, 2003

The board’s reliance on the Appeals Court’s decision in Preston v. Board of Appeals of Hull, 51 Mass. App. Ct. 236 (2001), is misplaced. … Preston v. Board of Appeals of Hull, supra at 243.

Doe, Sex Offender Registry Board No. 10216 v. Sex Offender Registry Board

447 Mass. 779 · Massachusetts Supreme Judicial Court · Dec 5, 2006

See Kusy v. Millbury, 417 Mass. 765, 769 (1994). … Commonwealth v. Bruno, supra at 510-511 . See Commonwealth v. McLeod, 437 Mass. 286 , 294 n.11 (2002).

Kelley v. Planning Board

6 Mass. App. Ct. 24 · Massachusetts Appeals Court · Jan 30, 1978

Cas-sani v. Planning Board of Hull, 1 Mass. App. Ct. 451, 456-457 (1973). … Planning Board of Hull, 1 Mass. App. Ct. at 456-457 ; Devine v. Town Clerk of Plymouth, 3 Mass. App. Ct. 747 (1975).

Rea v. Board of Aldermen

217 Mass. 427 · Massachusetts Supreme Judicial Court · May 19, 1914

Brown, (H. H. Newton & E. L. Sweetser with him,) for the respondents. … It is not the function of a writ of mandamus to direct the particular action to be taken, but simply to set the public board in motion to exercise fairly and reasonably the duties imposed by the statute. Crocker v.

Blake v. Massachusetts Parole Board

369 Mass. 701 · Massachusetts Supreme Judicial Court · Feb 11, 1976

Board of Appeals of Harwich, 359 Mass. 416, 419 (1971); Wellesley College v. Attorney Gen., 313 Mass. 722, 731 (1943). … See Sosna v. Iowa, 419 U.S. 393, 397-403 (1975). But see Storer v. Brown, 415 U.S. 724 , 737 n.8 (1974).

Brackett v. Board of Appeal

311 Mass. 52 · Massachusetts Supreme Judicial Court · Feb 25, 1942

Prusik v. Board of Appeal of Boston, 262 Mass. 451, 457-458 . … See Norcross v. Board of Appeal of Boston, 255 Mass. 177, 185 ; Prusik v. Board of Appeal of Boston, 262 Mass. 451, 457 ; Coleman v. Board of Appeal of Boston, 281 Mass. 112,116-117 ; Phillips v.

Luce v. Board of Examiners

153 Mass. 108 · Massachusetts Supreme Judicial Court · Jan 12, 1891

The duties of this board are defined in Clark v. Board of Examiners, 126 Mass. 282 , and in Luce v. May hew, 13 Gray, 83 . … Clark v. Board of Examiners, 126 Mass. 282 . Luce v. Mayhew, 13 Gray, 83 .