Presentment under the Massachusetts Tort Claims Act is a condition precedent to suit, not immunity from suit, and thus denials of motions to dismiss based on inadequate presentment are not immediately appealable.
Conviction for carrying a dangerous weapon reversed where evidence failed to prove the folding knife possessed statutory prohibited features.
Massachusetts Appeals Court vacated portions of a divorce judgment applying the 2011 Alimony Reform Act. Self-modifying alimony formula lacked required findings of need. Vacation property interest wrongly excluded from marital estate.
When reconstruction of a pre-existing nonconforming residential structure would create new dimensional violations, a variance is required, not just a special permit with a no-substantial-detriment finding.
Appeals court affirms planning board approval of wind turbine on conservation land, finding adequate conditions addressing noise, shadow flicker, and safety concerns despite neighboring nursing home's objections.
Bank affirmed in quiet title action after foreclosure. Mortgagor cannot challenge valid assignment or prove notice-to-cure violation caused unfairness.
Intoxicated defendant's Miranda waiver valid despite emotional distress where police gave proper warnings, defendant understood rights, provided coherent statements, and made rational choices.
Courtroom closure during general jury questioning violated defendant's Sixth Amendment right to public trial despite brief duration; not de minimis.
Federal kidnapping conviction does not constitute a registrable "like violation" under Massachusetts sex offender statute where the two crimes lack similar statutory elements.
Defendant in contempt of Land Court order prohibiting landscaping business despite order's lack of formal injunction label. Clear command sufficient.
