Durbin v. Board of Selectmen (2004)
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· 43 citation events
across 4 courts.
Showing the 18 strongest citers on record
(one row per citing case, strongest signal kept).
Treatment trajectory · 2004 → 2026 · click a year to view the case as of then
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Wynn v. Rudack (2009)
But their loyalty to their owners is incredible.” Id. at 17.
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Seales v. Boston Housing Authority (2015)
“In the absence of substantial legal error, we review the record to determine whether that decision was supported by substantial evidence.” Durbin v. Selectmen of Kingston, 62 Mass. App. Ct. 1, 5 (2004). 7 In reviewing an appeal of a decision in a certiorari proceeding, the reviewing court may not make de novo determinations or draw different inferences from the facts, make different judgments as to witness credibility, or disturb a choice made between conflicting inferences…
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Bonacci v. McCabe (2006)
Certiorari review encompasses only those errors “which have resulted in manifest injustice to the plaintiff or which have adversely affected the real interests of the general public.” Durbin v. Board of Selectmen, Kingston, 62 Mass.App.Ct. 1, 5 (2004), quoting Murray v. Second Dist Ct. of E.
Durbin v. Board of Selectmen of Kingston, 62 Mass.App.Ct. 1 , 4 n.5 (2004) (“In a certiorari proceeding, the pleadings contain the record on the basis of which the reviewing court decides the case”).
“In a certiorari proceeding, the pleadings contain the record on the basis of which the reviewing court decides the case”
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Shannon O'Brien v. Deborah Goldberg (2025)
Substantial evidence is "such evidence as a reasonable mind might accept as adequate to support a conclusion." Durbin v. Selectmen of Kingston, 62 Mass. App. Ct. 1, 6 (2004).
Durbin v. Selectmen of Kingston, 62 Mass. App. Ct. 1, 5 (2004), quoting Cambridge Hous.
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Scruggs v. Town of Lexington Conservation Commission (2013)
Durbin v. Board of Selectmen of Kingston, 62 Mass.App.Ct. 1, 4-6 (2004). 3.Application of the Law to the Commission’s Decision Plaintiffs suggest that the Commission made a substantial error of law, which is apparent on the face of the record: the Commission applied the wrong subsection of the Lexington Wetland Bylaw §130-2, and permitted the Stewards to obtain the wrong type of approval from the Commission.
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McShea v. Town of Westford (2011)
Durbin v. Board of Selectmen of Kingston, 62 Mass. App. Ct. 1, 5 (2004).
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Giragosian v. Chief of Police of Arlington (2010)
The scope of review is limited to “errors of law apparent on the record.” Durbin v. Selectmen of Kingston, 62 Mass. App. Ct. 1, 4 (2004).
Authy. v. Auditor of the Commonwealth, 430 Mass. 783, 790 (2000); Teamsters Joint Council No. 10 v. Director of the Dept. of Labor & Workforce Dev., 447 Mass. 100, 106 (2006); Durbin v. Selectmen of Kingston, 62 Mass. App. Ct. 1, 5 (2004).
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Conte v. Town of Framingham (2007)
Comm’n, 37 Mass.App.Ct. 587 , 588 n.4 (1994); this court therefore may not consider the affidavits dated August 21, 2007, from Richard Westcott, P.E. and Conte, where these were not before the Commission. 6 See also Police Commissioner of Boston v. Robinson, 47 Mass.App.Ct. 767, 775 (1999) (“on a writ of certiorari, the court’s review is confined to the record . . .”) (internal quotations and citations omitted); Durbin v. Board of Selectmen cf Kingston, 62 Mass.App.Ct. 1, 9 …
the admission of extrinsic evidence is “contrary to certiorari practice and precedent”
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Bylinski v. Town of Douglas Board of Health (2006)
Kingston, 62 Mass.App.Ct. 1, 5-6 (2004), citingBiélawski v. Pers.
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Anderson v. Lam Builders, Inc. (2005)
Durbin v. Board of Selectmen of Kingston, 62 Mass.App.Ct. 1, 6 (2004).
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Revere Ret. Bd. v. Attorney Gen. (2018)
See Durbin v. Selectmen of Kingston , 62 Mass. App. Ct. 1 , 5-6 (2004).
See Durbin v. Selectmen of Kingston, 62 Mass. App. Ct. 1, 9 (2004).
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Santiago v. Russo (2010)
See Durbin v. Selectmen of Kingston, 62 Mass. App. Ct. 1, 6 (2004).
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Classic Suites & Inns, Inc. v. McCormick (2006)
Accord, Durbin v. Board of Selectmen, Kingston, 62 Mass.App.Ct. 1, 5 (2004), quoting Murray v. Second Dist.
See Durbin v. Board of Selectmen of Kingston, 62 Mass.App.Ct. 1, 4-5 (2004); G.L.c. 249, §4.