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6 Massachusetts opinions name it 3 courts 1947–2003 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.
| Case | Followed | Cited |
|---|---|---|
Opinion of the Justices to the Senate & the House of Representativesgreen2 sentences1981“The paramount test should be whether the expenditure confers a direct public benefit of a reasonably general character, that is to say, to a significant part of the public, as distinguished from a remote and theoretical benefit,” Opinion of the Justices, 337 Mass. 777, 781 (1958), and whether the “aspects of private advantage . . . are reasonably incidental to carrying out a public purpose in a way which is within the discretion of the Legislature to choose.” Court St. 1975“The paramount test should be whether the expenditure confers a direct public benefit of a reasonably general character, that is to say, to a significant part of the public, as distinguished from a remote and theoretical benefit,” Opinion of the Justices, 337 Mass. 777, 781 (1958), and whether the “aspects of private advantage . . . are reasonably incidental to carrying out a public purpose in a way which is within the discretion of the Legislature to choose.” Court St. | 2 | 3 |
United States v. Ventrescagreen1 sentence2003But the paramount principle remains that probable cause must be shown in the affidavit through sufficient detail of the underlying circumstances “if the magistrate is to perform his detached function and not serve merely as a rubber stamp for the police.” Commonwealth v. Reddington, 395 Mass. 315, 325 (1985), quoting from United States v. Ven-tresca, 380 U.S. 102, 109 (1965). | 1 | 1 |
Commonwealth v. Reddingtongreen1 sentence2003But the paramount principle remains that probable cause must be shown in the affidavit through sufficient detail of the underlying circumstances “if the magistrate is to perform his detached function and not serve merely as a rubber stamp for the police.” Commonwealth v. Reddington, 395 Mass. 315, 325 (1985), quoting from United States v. Ven-tresca, 380 U.S. 102, 109 (1965). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Devito v. Cellular Mobile Communications, Inc.
green
1 sentence2003Nor were his findings “tainted by error of law.” Devito, 1993 Mass. App. Div. at 50 , citing Ryan, Elliot & Co., 8 Mass. App. Ct at 690, 693. | 1 | 2003–2003 |
Court Street Parking Co. v. City of Boston
green
1 sentence1981Parking Co. v. Boston, 336 Mass. 224, 231 , appeal dismissed sub nom. | 1 | 1981–1981 |
Allydonn Realty Corp. v. Holyoke Housing Authority
green
1 sentence1964“Each case must be decided with reference to the object sought to be accomplished and to the degree and manner in which that object affects the public welfare.” Allydonn Realty Corp. v. Holyoke Housing Authy. 304 Mass. 288, 292 . | 1 | 1964–1964 |
James v. Mayor of New Bedford
green
1 sentence1947The case of James v. Mayor of New Bedford, 319 Mass. 74 , decided upon demurrer to a petition for a writ of mandamus which set forth no allegations showing the applicability of St. 1939, c. 444, contains nothing to the contrary. | 1 | 1947–1947 |
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.