LINCOLN v. HILLSIDE PARK'N SHOP, INC.


370 Mass. 209 (1976)

346 N.E.2d 887

FRANK LINCOLN & others vs. HILLSIDE PARK'N SHOP, INC. & others.

Supreme Judicial Court of Massachusetts, Worcester.

May 4, 1976.


Attorney(s) appearing for the Case

Philip J. MacCarthy for Frank Lincoln & others.

Terence F. Riley for New England Cash Super Market, Inc.

Leonard E. Leboeuf for Hillside Park 'N Shop, Inc.

Present: REARDON, QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.


KAPLAN, J.

In July, 1972, the board of selectmen of the town of Webster (board), as licensing authority (see G.L.c. 138, § 1), issued a license for the sale of wines and malt beverages for off-premises consumption to each of five defendants herein (licensees). On September 5, 1972, the Alcoholic Beverages Control Commission (ABCC) approved the issuance of these licenses over the protest of certain persons who claimed to be affected. Shortly thereafter, the present...

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