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BOARD OF SELECTMEN v. ALCOHOLIC BEVERAGES CTRL

No. 87-357.

25 Mass. App. Ct. 470 (1988)

519 N.E.2d 1365

BOARD OF SELECTMEN OF SUDBURY vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION & another.

Appeals Court of Massachusetts, Middlesex.

March 11, 1988.

Attorney(s) appearing for the Case

Paul L. Kenny, Town Counsel (David J. Doneski, Assistant Town Counsel, with him) for the plaintiff.

Richard M. Brunell, Assistant Attorney General, for Alcoholic Beverages Control Commission.

Eugene R. Richard (Howard J. Wayne with him) for Wayside Package Store, Inc.

Present: GRANT, PERRETTA, & FINE, JJ.

GRANT, J.

For many years prior to July, 1983, Wayside Package Store, Inc. (Wayside), had held a license for the sale of all alcoholic beverages not to be drunk on the premises (G.L.c. 138, § 15, as most recently amended by St. 1981, c. 351, § 68) in a building located on land owned or controlled by Wayside's principals which was located on the Boston Post Road in Sudbury. In that month the building and...

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