license privilege (Massachusetts) · Go Syfert
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license privilege in Massachusetts

15 Massachusetts opinions name it 3 courts 1902–2024 2 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 (16)

CaseFollowedCited
Rosenfeld v. Board of Health of Chilmarkgreen
massappct · 1989 · cited in 2 Massachusetts opinions naming this issue, 1994–1994
2 sentences

1994Rosenfeld v. Board of Health of Chilmark, supra at 627-628. “[T]he ordinary state administrative proceeding involving land use or zoning does not present [a violation of a Federal constitutional right], regardless of how disappointed the license or privilege seeker may feel at being . . . turned down.” Id. at 628 , quoting from Creative Envts., Inc. v. Estabrook, 680 F.2d 822 , 832 n.9 (1st Cir 1981), cert denied, 459 U.S. 989 (1982).

1994Massachusetts law is fully equipped to provide plaintiffs with any remedy to which they may ultimately be entitled. “[T]he ordinary state administrative proceeding involving land use or zoning does not present [a violation of a federal constitutional right], regardless of how disappointed the license or privilege seeker may feel at being . .. turned down.” Rosenfeld, supra at 628 , quoting Creative Environments, supra at 832 n. 9 (1982).

12
Carpenter v. United Statesgreen
scotus · 2018 · cited in 1 Massachusetts opinions naming this issue, 2024–2024
1 sentence

2024L. c. 269, § 10 (n). 2See, e.g., Carpenter v. United States, 585 U.S. 296 , 301 (2018) ("Each time [a] phone connects to a cell site, it generates a time-stamped record known as cell-site location information [CSLI]"). driving on public roads.

11
Commonwealth v. Chicasgreen
mass · 2019 · cited in 1 Massachusetts opinions naming this issue, 2023–2023
1 sentence

2023See also Chicas, 481 Mass. at 321 ("judge was permitted to limit the defendant's cross-examination of the witnesses to prevent embarrassment and harassment" [citation omitted]). 15 a firearm without a license in violation of G.

11
L. L. Brown Paper Co. v. Department of Public Worksgreen
mass · 1953 · cited in 1 Massachusetts opinions naming this issue, 2016–2016
1 sentence

2016See Capuano, Inc., 330 Mass. 496 .

11
Commonwealth v. Browngreen
massappct · 2001 · cited in 1 Massachusetts opinions naming this issue, 2015–2015
1 sentence

2015L. c. 269, § 10 (a). 2 The defendant does not challenge his conviction on the firearm indictment on appeal. 3 In evaluating the sufficiency of the evidence, we also must consider, in the light most favorable to the Commonwealth, “the evidence at the close of all the evidence to determine whether the Commonwealth’s position as to proof had deteriorated since it had closed its case.” Commonwealth v. Brown, 51 Mass. App. Ct. 702, 709 (2001), quoting Commonwealth v. Basch, 386 Mass. 620 , 622 n.2 (1982).

11
Kassis v. Lease & Rental Management Corp.green
massappct · 2011 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
1 sentence

2013See id. at 789 (common law of bailment may be modified by “contract, statute, or an agency relationship”).

11
Commonwealth v. Loadholtgreen
mass · 2011 · cited in 1 Massachusetts opinions naming this issue, 2012–2012
1 sentence

2012See Commonwealth v. Loadholt, 460 Mass. 723, 726 (2011).

11
Sahli v. Bull HN Information Systems, Inc.green
mass · 2002 · cited in 1 Massachusetts opinions naming this issue, 2005–2005
1 sentence

2005The Board’s effort to fashion an arbitrary alternative sanction not delineated by the applicable statute does not “provide a plaintiff relief from uncertainty and insecurity with respect to rights, duties, status, and other legal relations.” Sahli v. Bull HN Information Systems, Inc., supra, at 705.

11
David B. Miller v. Town of Hull, Massachusetts, Etc.green
ca1 · 1989 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994See Miller v. Town of Hull, Mass., 878 F.2d 523, 529 (1st Cir. 1989) (in interpreting Creative Environments, court stated: “We held that such claims, [disputes between developers and local planning boards,] do not state a due process violation”).

11
United Steelworkers v. Erkinsgreen
scotus · 1982 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994Rosenfeld v. Board of Health of Chilmark, supra at 627-628. “[T]he ordinary state administrative proceeding involving land use or zoning does not present [a violation of a Federal constitutional right], regardless of how disappointed the license or privilege seeker may feel at being . . . turned down.” Id. at 628 , quoting from Creative Envts., Inc. v. Estabrook, 680 F.2d 822 , 832 n.9 (1st Cir 1981), cert denied, 459 U.S. 989 (1982).

11
Vaspourakan, Ltd. v. Alcoholic Beverages Control Commissiongreen
mass · 1987 · cited in 1 Massachusetts opinions naming this issue, 1992–1992
1 sentence

1992Control Commn., 401 Mass. 347, 352 (1987); Oznemoc, Inc. v. Alcoholic Bevs.

11
Chiplin Enterprises, Inc. v. City of Lebanongreen
ca1 · 1983 · cited in 1 Massachusetts opinions naming this issue, 1989–1989
1 sentence

1989Chiplin Enterprises, Inc. v. Lebanon, 712 F.2d at 1527, 1528 .

11
Temple v. Marlborough Division of the District Court Departmentgreen
mass · 1985 · cited in 1 Massachusetts opinions naming this issue, 1989–1989
1 sentence

1989Court Dept., 395 Mass. 117, 130-131 (1985). “[T]he ordinary state administrative proceeding involving land use or zoning does not present [a violation of a Federal constitutional right], regardless of how disappointed the license or privilege seeker may feel at being . . . turned down.” Creative Environments, Inc. v. Estabrook, 680 F.2d at 832 n.9.

11
Commonwealth v. Jacksongreen
mass · 1976 · cited in 1 Massachusetts opinions naming this issue, 1986–1986
1 sentence

1986Commonwealth v. Jackson, 369 Mass. 904, 916-917 (1976).

11
Ralph D. Smith and Thelma Smith v. Arbaugh's Restaurant, Inc., a Body Corporategreen
cadc · 1973 · cited in 1 Massachusetts opinions naming this issue, 1973–1973
1 sentence

1973See Smith v. Arbaugh's Restaurant, Inc. 469 F.2d 97, 101 (D.C.

11
Fuller v. Andrewgreen
mass · 1918 · cited in 1 Massachusetts opinions naming this issue, 1949–1949
1 sentence

1949The closest case seems to be Fuller v. Andrew, 230 Mass. 139, 146, 147 , in which Rugg, C.J., said in substance that the maintenance of a wharf erected without a license in violation of R.

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 (4)

CaseCitedYears
Creative Environments, Inc. v. Robert Estabrook green
ca1 · 1982
2 sentences

1994Rosenfeld v. Board of Health of Chilmark, supra at 627-628. “[T]he ordinary state administrative proceeding involving land use or zoning does not present [a violation of a Federal constitutional right], regardless of how disappointed the license or privilege seeker may feel at being . . . turned down.” Id. at 628 , quoting from Creative Envts., Inc. v. Estabrook, 680 F.2d 822 , 832 n.9 (1st Cir 1981), cert denied, 459 U.S. 989 (1982).

1994Massachusetts law is fully equipped to provide plaintiffs with any remedy to which they may ultimately be entitled. “[T]he ordinary state administrative proceeding involving land use or zoning does not present [a violation of a federal constitutional right], regardless of how disappointed the license or privilege seeker may feel at being . .. turned down.” Rosenfeld, supra at 628 , quoting Creative Environments, supra at 832 n. 9 (1982).

31989–1994
Commonwealth v. Basch green
mass · 1982
1 sentence

2015L. c. 269, § 10 (a). 2 The defendant does not challenge his conviction on the firearm indictment on appeal. 3 In evaluating the sufficiency of the evidence, we also must consider, in the light most favorable to the Commonwealth, “the evidence at the close of all the evidence to determine whether the Commonwealth’s position as to proof had deteriorated since it had closed its case.” Commonwealth v. Brown, 51 Mass. App. Ct. 702, 709 (2001), quoting Commonwealth v. Basch, 386 Mass. 620 , 622 n.2 (1982).

12015–2015
Spears & Leonard v. Lawrence green
wash · 1894
1 sentence

1973Perhaps, in a rural society with sparse land settlements and large estates, it would have been unduly burdensome to obligate the owner to inspect and maintain distant holdings for a class of entrants who were using the property "for the their own convenience" (the Sweeny case, 10 Allen 368 , supra ) but the special immunity which the license rule affords landowners cannot be justified in an urban industrial society.

11973–1973
Johnson v. Wilkinson neutral
mass · 1885
1 sentence

1902Johnson v. Wilkinson, 139 Mass. 3 .

11902–1902

Statutes the citing opinions construe

MA § Mass. Gen. Laws ch. 269, § 10 (5) MA § Mass. Gen. Laws ch. 12, § 11H (3) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 83 (1889–2025) PA 82 (1846–2025) IL 76 (1894–2025) CA 61 (1862–2026) AL 38 (1906–2014) TX 33 (1907–2024) MO 26 (1913–2024) GA 24 (1891–2025) FL 23 (1934–2017) MD 22 (1924–2025) OH 21 (1922–2025) KS 20 (1927–2020) IN 19 (1904–2019) MN 19 (1909–2017) WA 18 (1916–2024) NJ 17 (1924–2024) DC 16 (1910–2013) CT 15 (1981–2022) MA 15 (1902–2024) OR 15 (1916–2019) NM 14 (1913–2017) UT 13 (1922–2024) HI 12 (1998–2025) AZ 12 (1927–2009) VA 11 (1914–2013) AR 10 (1989–2025) CO 10 (1897–2020) ID 9 (1915–2020) NC 9 (1912–2018) MI 9 (1895–2025) KY 8 (1912–2013) WY 8 (1986–2021) TN 7 (1897–2003) IA 7 (1879–2018) SD 6 (1945–2013) NE 5 (1952–1996) WV 5 (1892–1953) ME 5 (1983–2021) WI 4 (1926–1999) LA 4 (1960–2003) NH 4 (1980–2016) AK 4 (1984–2021) NV 4 (2016–2016) RI 4 (1939–2024) ND 3 (1995–2021) PR 2 (1947–1967) DE 2 (1984–1995) OK 2 (1961–1968)

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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