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GRENDEL'S DEN, INC. v. GOODWIN

Nos. 80-1653, 80-1654.

662 F.2d 88 (1981)

GRENDEL'S DEN, INC., Plaintiff, Appellee, v. Herbert N. GOODWIN et al., Defendants, Appellees. Cambridge License Commission et al., Defendants, Appellants. GRENDEL'S DEN, INC., Plaintiff, Appellee, v. Herbert N. GOODWIN et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided April 7, 1981.

Attorney(s) appearing for the Case

Gerald J. Caruso, Asst. Atty. Gen., and Birge Albright, Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Thomas Miller, Asst. Atty. Gen., Boston, Mass., were on brief, for defendants, appellants.

Laurence H. Tribe, Cambridge, Mass., with whom David Rosenberg, Cambridge, Mass., and Ira Karasick, New York City, were on brief, for plaintiff, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and HOFFMAN, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Grendel's Den is a restaurant which plaintiff-appellee Grendel's Den, Inc. has operated since 1971 in Harvard Square, Cambridge, Massachusetts. Grendel's and the Holy Cross Armenian Catholic Parish Church occupy buildings that are about ten feet apart. Located back to back on premises that share a common rear property line, both buildings are near a busy motor and pedestrian intersection.

On May 13, 1977, Scorpio's, Inc.,...

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