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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sycamore Land Corp. v. Thompson, 1 Mass. L. Rptr. 489 (1994)

Citation
Sycamore Land Corp. v. Thompson, 1 Mass. L. Rptr. 489 (1994)
Parent Document
Sycamore Land Corp. v. Thompson, 1 Mass. L. Rptr. 489 (1994)
Jurisdiction
Massachusetts (state)
Effective Date
1994-01-28

Other Sections in This Document (44)

Full Text

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Substantial evidence is evidence that a reasonable mind might accept as adequate to support a conclusion. G.L.c. 30A, §1(6). In reviewing the Board’s proceedings to determine whether they are supported by substantial evidence, the Court must consider the Board’s expertise, technical competence and specialized knowledge, H.N. Gorin & Leeder Management Co. v. Rent Control Board of Cambridge, 18 Mass.App.Ct. 272, 275 (1984), and must accord the agency deference in interpreting and administering its enabling legislation. Valentine v. Rent Control Board of Cambridge, 29 Mass.App.Ct. 60, 69-70 (1990). Deference, however, is not abdication, Board of Education v. School Committee of Quincy, 415 Mass. 240, 244 (1993), and the Court may not accept an agency interpretation either of statute or regulation that is plainly wrong. See Town of Brookline v. DEQE, 398 Mass. 404, 414 (1986). B. THE MERITS