inadvertent or clerical error (Massachusetts) · Go Syfert
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inadvertent or clerical error in Massachusetts

5 Massachusetts opinions name it 2 courts 1979–1990 0 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Board of Selectmen v. Monument Inn, Inc.green
massappct · 1979 · cited in 3 Massachusetts opinions naming this issue, 1980–1990
2 sentences

1990Huntington v. Zoning Bd. of Appeals of Hadley, 12 Mass. App. Ct. 710 , 714 n.4 (1981), quoting Selectmen of Stockbridge v. Monument Inn, Inc., 8 Mass. App. Ct. 158, 164 (1979).

1981First, it is clear that a board has “inherent power ... to correct an inadvertent or clerical error in its decision so that the record reflects its true intention.” Selectmen of Stockbridge v. Monument Inn, Inc., 8 Mass. App. Ct. 158, 164 (1979).

33
Burwick v. Zoning Board of Appeals of Worcestergreen
massappct · 1974 · cited in 1 Massachusetts opinions naming this issue, 1979–1979
1 sentence

1979The law is clear that the board has the inherent power, without holding a further public hearing, to correct an inadvertent or clerical error in its decision so that the record reflects its true intention (Dion v. Board of Appeals of Waltham, 344 Mass. 547, 552-553 [1962]; Burwick v. Zoning Bd. of Appeals of Worcester, 1 Mass. App. Ct. 739, 742 [1974]), so long as the correction does not constitute a "reversal of a conscious decision” (Cassani v. Planning Bd. of Hull, 1 Mass. App. Ct. 451, 456 [1973]), does not grant relief different from that originally sought, and does not change the result

11
Cassani v. Planning Boardgreen
massappct · 1973 · cited in 1 Massachusetts opinions naming this issue, 1979–1979
1 sentence

1979The law is clear that the board has the inherent power, without holding a further public hearing, to correct an inadvertent or clerical error in its decision so that the record reflects its true intention (Dion v. Board of Appeals of Waltham, 344 Mass. 547, 552-553 [1962]; Burwick v. Zoning Bd. of Appeals of Worcester, 1 Mass. App. Ct. 739, 742 [1974]), so long as the correction does not constitute a "reversal of a conscious decision” (Cassani v. Planning Bd. of Hull, 1 Mass. App. Ct. 451, 456 [1973]), does not grant relief different from that originally sought, and does not change the result

11
Potter v. Board of Appeals of Mansfieldgreen
massappct · 1973 · cited in 1 Massachusetts opinions naming this issue, 1979–1979
1 sentence

1979The law is clear that the board has the inherent power, without holding a further public hearing, to correct an inadvertent or clerical error in its decision so that the record reflects its true intention (Dion v. Board of Appeals of Waltham, 344 Mass. 547, 552-553 [1962]; Burwick v. Zoning Bd. of Appeals of Worcester, 1 Mass. App. Ct. 739, 742 [1974]), so long as the correction does not constitute a "reversal of a conscious decision” (Cassani v. Planning Bd. of Hull, 1 Mass. App. Ct. 451, 456 [1973]), does not grant relief different from that originally sought, and does not change the result

11
Shuman v. Board of Aldermen of Newtongreen
mass · 1972 · cited in 1 Massachusetts opinions naming this issue, 1979–1979
1 sentence

1979The law is clear that the board has the inherent power, without holding a further public hearing, to correct an inadvertent or clerical error in its decision so that the record reflects its true intention (Dion v. Board of Appeals of Waltham, 344 Mass. 547, 552-553 [1962]; Burwick v. Zoning Bd. of Appeals of Worcester, 1 Mass. App. Ct. 739, 742 [1974]), so long as the correction does not constitute a "reversal of a conscious decision” (Cassani v. Planning Bd. of Hull, 1 Mass. App. Ct. 451, 456 [1973]), does not grant relief different from that originally sought, and does not change the result

11
Dion v. Board of Appeals of Walthamgreen
mass · 1962 · cited in 1 Massachusetts opinions naming this issue, 1979–1979
1 sentence

1979The law is clear that the board has the inherent power, without holding a further public hearing, to correct an inadvertent or clerical error in its decision so that the record reflects its true intention (Dion v. Board of Appeals of Waltham, 344 Mass. 547, 552-553 [1962]; Burwick v. Zoning Bd. of Appeals of Worcester, 1 Mass. App. Ct. 739, 742 [1974]), so long as the correction does not constitute a "reversal of a conscious decision” (Cassani v. Planning Bd. of Hull, 1 Mass. App. Ct. 451, 456 [1973]), does not grant relief different from that originally sought, and does not change the result

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Huntington v. Zoning Board of Appeals green
massappct · 1981
2 sentences

1990Huntington v. Zoning Bd. of Appeals of Hadley, 12 Mass. App. Ct. 710 , 714 n.4 (1981), quoting Selectmen of Stockbridge v. Monument Inn, Inc., 8 Mass. App. Ct. 158, 164 (1979).

1984An agency has the “inherent power ... to correct an inadvertent or clerical error in its decision so that the record reflects its true intention.” Hunting ton v. Zoning Bd. of Appeals of Hadley, 12 Mass. App. Ct. 710 , 714-715 n.4 (1981). 1 The board is vested with the responsibility of administering controlled rental property.

21984–1990

Where else courts name it

MA 5 (1979–1990) TX 5 (1987–2008)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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