Posts tagged "Board"

Doe, Sex Offender Registry Board No. 326573 v. Sex Offender Registry Board (and a consolidated case) (Lawyers Weekly No. 10-109-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12182

JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 326573  vs.  SEX OFFENDER REGISTRY BOARD (and a consolidated case[1]).

Suffolk.     February 7, 2017. – June 23, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Sex OffenderSex Offender Registration and Community Notification ActInternet.

Civil action commenced in the Superior Court Department on November 21, 2014.

A motion for preliminary injunction was heard by Gregg J. Pasquale, J., and the case was reported by him to the Appeals Court.

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Posted by Stephen Sandberg - June 23, 2017 at 3:15 pm

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Langan v. Board of Registration in Medicine (Lawyers Weekly No. 10-103-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12242

MICHAEL L. LANGAN  vs.  BOARD OF REGISTRATION IN MEDICINE.

June 13, 2017.

Board of Registration in MedicineDoctor, License to practice medicine.  Practice, Civil, Action in nature of certiorari.

Michael L. Langan appeals from a judgment of the county court denying his petition for relief in the nature of certiorari from a decision of the Board of Registration in Medicine (board).  We affirm.

Background.  Langan is a board-certified physician in geriatrics and internal medicine.  In 2008, after he had tested positive for various controlled substances, he and the board entered into a letter of agreement, under which he agreed to certain conditions in order to continue practicing medicine, including refraining from the use of alcohol and controlled substances without a prescription and submitting to substance use monitoring by Massachusetts Physician Health Services (PHS).  The letter of agreement provided that violating its terms would “constitute sufficient grounds for the immediate suspension of [Langan’s] license,” and that Langan had a right to an adjudicatory hearing as to any violation found by the board.

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Posted by Stephen Sandberg - June 13, 2017 at 3:32 pm

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Crowell v. Massachusetts Parole Board (Lawyers Weekly No. 10-078-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12203

RICHARD CROWELL  vs.  MASSACHUSETTS PAROLE BOARD.

Suffolk.     January 6, 2017. – May 15, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Parole.  Practice, Criminal, Parole.  Americans with Disabilities Act.  Practice, Civil, Action in nature of certiorari, Motion to dismiss.

Civil action commenced in the Superior Court Department on April 2, 2014.

A motion to dismiss was heard by Raffi N. Yessayan, J., and a motion for reconsideration was considered by him.

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Posted by Stephen Sandberg - May 15, 2017 at 9:01 pm

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Commissioner of Administration and Finance v. Commonwealth Employment Relations Board, et al. (Lawyers Weekly No. 10-076-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12208

COMMISSIONER OF ADMINISTRATION AND FINANCE  vs.  COMMONWEALTH EMPLOYMENT RELATIONS BOARD & another.[1]

Suffolk.     January 5, 2017. – May 12, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Commonwealth Employment Relations Board.  Labor, Unfair labor practice, Duty to bargain.  Commonwealth, Financial matters, Collective bargaining.

Appeal from a decision of the Division of Labor Relations.

The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court.

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Posted by Stephen Sandberg - May 13, 2017 at 4:37 am

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Aiello v. Planning Board of Braintree, et al. (Lawyers Weekly No. 11-044-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

15-P-1321                                       Appeals Court

ROGER AIELLO, trustee,[1]  vs.  PLANNING BOARD OF BRAINTREE & others.[2]

No. 15-P-1321.

Suffolk.     October 20, 2016. – April 14, 2017.

Present:  Meade, Milkey, & Kinder, JJ.

Practice, Civil, Zoning appeal, Standing.  Zoning, Appeal, Person aggrieved, By-law.

Civil action commenced in the Land Court Department on October 14, 2009.

The case was heard by Karyn F. Scheier, J.

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Posted by Stephen Sandberg - April 14, 2017 at 5:16 pm

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State Board of Retirement v. Finneran, et al. (Lawyers Weekly No. 10-051-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12069

STATE BOARD OF RETIREMENT  vs.  THOMAS M. FINNERAN & others.[1]

Suffolk.     December 8, 2016. – April 5, 2017.

Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, & Budd, JJ.[2]

Retirement.  State Board of Retirement.  Public Employment, Forfeiture of retirement benefits.  Constitutional Law, Excessive fines clause.  Practice, Civil, Action in nature of certiorari.

Civil action commenced in the Supreme Judicial Court for the county of Suffolk on December 4, 2015.

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Posted by Stephen Sandberg - April 5, 2017 at 3:01 pm

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Shrine of Our Lady of La Salette Inc. v. Board of Assessors of Attleboro (Lawyers Weekly No. 10-049-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12021

SHRINE OF OUR LADY OF LA SALETTE INC.  vs.  BOARD OF ASSESSORS OF ATTLEBORO.

Suffolk.     December 5, 2016. – March 22, 2017.

Present:  Gants, C.J., Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Taxation, Real estate tax:  abatement, Real estate tax:  exemption, Real estate tax:  classification of property.  Real Property, Tax.

Appeal from a decision of the Appellate Tax Board.

The Supreme Judicial Court granted an application for direct appellate review.

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Posted by Stephen Sandberg - March 22, 2017 at 2:43 pm

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Koines, et al. v. Zoning Board of Appeals of Cohasset, et al. (Lawyers Weekly No. 11-014-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

16-P-678                                        Appeals Court

ALEXANDER C. KOINES & another[1]  vs.  ZONING BOARD OF APPEALS OF COHASSET & others.[2]

No. 16-P-678.     February 21, 2017.

Zoning, Nonconforming use or structure, Lot size, Exemption, Judicial review.  Real Property, Merger.

The plaintiffs appeal from a judgment of the Land Court that affirmed a decision of the defendant zoning board of appeals of Cohasset (board) based on a conclusion that the board correctly interpreted the Cohasset zoning by-law to afford grandfather protection to a lot owned by the defendants John and Martha Shaw.  We affirm.

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Posted by Stephen Sandberg - February 21, 2017 at 8:12 pm

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Retirement Board of Stoneham v. Contributory Retirement Appeal Board, et al. (Lawyers Weekly No. 10-189-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-12098

Retirement Board OF STONEHAM  vs.  Contributory Retirement Appeal Board & another.[1]

Middlesex.     October 5, 2016. – December 22, 2016.

Present:  Gants, C.J., Botsford, Lenk, Hines, Gaziano, Lowy, & Budd, JJ.

Retirement.  Municipal Corporations, Retirement board.  Public Employment, Retirement.  Contributory Retirement Appeal Board.

Civil action commenced in the Superior Court Department on February 6, 2014.

The case was heard by Robert L. Ullmann, J., on motions for judgment on the pleadings.

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Posted by Stephen Sandberg - December 23, 2016 at 12:28 am

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Doe, Sex Offender Registry Board No. 376575 v. Sex Offender Registry Board (Lawyers Weekly No. 11-179-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

14-P-926                                        Appeals Court

JOHN DOE, SEX OFFENDER REGISTRY BOARD NO. 376575  vs.  SEX OFFENDER REGISTRY BOARD.

No. 14-P-926.

Suffolk.     October 20, 2016. – December 22, 2016.

Present:  Hanlon, Sullivan, & Blake, JJ.

Sex OffenderSex Offender Registration and Community Notification ActJurisdiction, Sex offender.  Evidence, Sex offender.  Obscenity, Child pornography.

Civil action commenced in the Superior Court Department on December 18, 2012.

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Posted by Stephen Sandberg - December 22, 2016 at 5:21 pm

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