two-year requirement (Massachusetts) · Go Syfert
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two-year requirement in Massachusetts

7 Massachusetts opinions name it 3 courts 1982–2019 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 (9)

CaseFollowedCited
Care & Protection of Sharlenegreen
mass · 2006 · cited in 3 Massachusetts opinions naming this issue, 2006–2018
2 sentences

2018The court again referred to the two-year requirement in the context of de facto parent status in Care & Protection of Sharlene, 445 Mass. at 766-767 .

2017The court again referred to the two-year requirement in the context of de facto parent status in Care & Protection of Sharlene , 445 Mass. at 766 -767 , 840 N.E.2d 918 .

13
Selectmen of Topsfield v. State Racing Commissiongreen
mass · 1949 · cited in 1 Massachusetts opinions naming this issue, 2019–2019
1 sentence

2019The notice cases are therefore instructive given the settled canon of construction that the parts of a statute "shall be construed as consistent with each other so as to form a harmonious enactment effectual to accomplish its manifest purpose." Worcester v. College Hill Props., LLC, 465 Mass. 134, 139 (2013), quoting Selectmen of Topsfield v. State Racing Comm'n, 324 Mass. 309, 313 (1949).

11
City of Worcester v. College Hill Properties, LLCgreen
mass · 2013 · cited in 1 Massachusetts opinions naming this issue, 2019–2019
1 sentence

2019The notice cases are therefore instructive given the settled canon of construction that the parts of a statute "shall be construed as consistent with each other so as to form a harmonious enactment effectual to accomplish its manifest purpose." Worcester v. College Hill Props., LLC, 465 Mass. 134, 139 (2013), quoting Selectmen of Topsfield v. State Racing Comm'n, 324 Mass. 309, 313 (1949).

11
Doliner v. Town Clerk of Millisgreen
mass · 1961 · cited in 1 Massachusetts opinions naming this issue, 2019–2019
1 sentence

2019See also Doliner v. Town Clerk of Millis, 343 Mass. 10, 12-13 (1961) ("[c]hanges made by the planning board after the public hearing" did not render amendment invalid because they "did not change the substantial character" of original proposal). 11 underlying the notice requirement and the two-year bar differ, the purposes are at least related -- to let the public know which amendments are up for consideration and which ones have been rejected.

11
Kitty v. City of Springfieldgreen
mass · 1961 · cited in 1 Massachusetts opinions naming this issue, 2019–2019
2 sentences

2019The purpose of the two-year bar is to give some measure of finality to unfavorable action taken by a municipal legislative body so that "members of the public shall be able to ascertain the legislative status of a proposed change at all times, and to rely on unfavorable action . . . as a complete defeat of the proposal." Kitty v. Springfield, 343 Mass. 321, 326 (1961) (discussing predecessor statute).

2019Kitty, 343 Mass. at 324 .

11
Homer v. Town of Yarmouthgreen
massappct · 1996 · cited in 1 Massachusetts opinions naming this issue, 2004–2004
1 sentence

2004See, e.g., Homer v. Town of Yarmouth, 40 Mass.App.Ct. 916, 918 (1996) (construing G.L.c. 60, §80(c) as a statute of repose, despite absence of any limitations language).

11
West Bridgewater Police Ass'n v. Labor Relations Commissiongreen
massappct · 1984 · cited in 1 Massachusetts opinions naming this issue, 1992–1992
1 sentence

1992“An administrative agency, in proceeding on a case-by-case basis, should be permitted to make refinements and even new rules in light of past experience.” West Bridgewater Police Assn. v. Labor Relations Commn., 18 Mass. App. Ct. 550, 555 (1984).

11
Haas v. Bretongreen
mass · 1979 · cited in 1 Massachusetts opinions naming this issue, 1982–1982
1 sentence

1982See also Geldert v. Usher, 248 Mass. 323, 325-326 (1924). *713 “Traditional methods of statutory construction reinforce our conclusion.” Haas v. Breton, 377 Mass. 591, 595 (1979).

11
Geldert v. Ushergreen
mass · 1924 · cited in 1 Massachusetts opinions naming this issue, 1982–1982
1 sentence

1982See also Geldert v. Usher, 248 Mass. 323, 325-326 (1924). *713 “Traditional methods of statutory construction reinforce our conclusion.” Haas v. Breton, 377 Mass. 591, 595 (1979).

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 (3)

CaseCitedYears
A.H. v. M.P. green
mass · 2006
2 sentences

2018Again in A.H. v. M.P., 447 Mass. at 837 n.13, the court discussed the two-year requirement set forth in the ALI Principles, but chose to "express no opinion on the two-year requirement." The court's repeated references to the two-year requirement indicate that the length of time a person seeking de facto parent status has 26 lived with the child is relevant to the court's determination, but is not the sole factor.

2017Again in A.H. v. M.P. , 447 Mass. at 837 n.13, 857 N.E.2d 1061 , the court discussed the two-year requirement set forth in the ALI Principles, but chose to "express no opinion on the two-year requirement." The court's repeated references to the two-year requirement indicate that the length of time a person seeking de facto parent status has lived with the child is relevant to the court's determination, but is not the sole factor.

22017–2018
Blue Ribbon Properties, Inc., Dba Long Hollow Landfill v. Hardin County Fiscal Court green
scotus · 2003
1 sentence

2006In Blixt v. Blixt, 437 Mass. 649 , 659 n.15 (2002), cert. denied, 537 U.S. 1189 (2003), we recognized that the two-year requirement and the requirement of no compensation were refinements to the principle of de facto parenthood that were added to the final version of the ALI Principles.

12006–2006
Blixt v. Blixt green
mass · 2002
1 sentence

2006In Blixt v. Blixt, 437 Mass. 649 , 659 n.15 (2002), cert. denied, 537 U.S. 1189 (2003), we recognized that the two-year requirement and the requirement of no compensation were refinements to the principle of de facto parenthood that were added to the final version of the ALI Principles.

12006–2006

Where else courts name it

FL 22 (1941–2018) NJ 13 (1980–2021) CA 12 (1973–2021) IL 10 (1953–2013) TX 9 (1969–2023) PA 8 (1942–2009) MA 7 (1982–2019) OH 6 (1984–2006) WV 5 (1982–2025) MD 4 (1997–2021) VA 4 (1976–2007) NY 4 (1963–2014) AL 2 (1925–2009) IN 2 (1990–1992) ME 2 (1985–2014) ID 2 (2014–2014) MI 2 (1994–2025) WA 2 (1957–2018)

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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