DAVIDSON v. BOARD OF SELECTMEN OF DUXBURY


358 Mass. 64 (1970)

260 N.E.2d 695

WALTER J. DAVIDSON vs. BOARD OF SELECTMEN OF DUXBURY.

Supreme Judicial Court of Massachusetts, Middlesex.

July 1, 1970.


Attorney(s) appearing for the Case

Robert J. Geogan, Town Counsel, for the respondent, submitted a brief.

Vincent L. Hennessey (George F. Killgoar with him) for the petitioner.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, SPIEGEL, REARDON, & QUIRICO, JJ.


CUTTER, J.

By petition for writ of certiorari Davidson seeks to require the selectmen, the town's licensing authority, to issue a license to Davidson for the storage and sale of gasoline and other products at 28 Depot Street, South Duxbury (the locus). Davidson applied for this license (G.L.c. 148, § 13, as amended through St. 1959, c. 353, § 1) after the town's board of appeals granted him a special permit to construct...

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