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ARNO v. ALCOHOLIC BEVERAGES CONTROL COMMISSION

377 Mass. 83 (1979)

384 N.E.2d 1223

JOSEPH V. ARNO vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

January 12, 1979.

Attorney(s) appearing for the Case

Robert Cohen (Jerome D. Groskind with him) for the plaintiff.

Paul W. Johnson, Assistant Attorney General, for the defendants.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.

LIACOS, J.

The plaintiff, Joseph V. Arno, challenges G.L.c. 138, § 16C,1 as an improper, standardless delegation of legislative authority, and as violative of the establishment of religion clause of the First Amendment to the United States Constitution. We disagree with the plaintiff's characterizations, and hold the provision valid under both the State and Federal Constitutions.

The parties have stipulated to all the material...

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