PATTON v. MARLBOROUGH


415 Mass. 750 (1993)

615 N.E.2d 582

KENNETH PATTON & another vs. CITY OF MARLBOROUGH & another.

Supreme Judicial Court of Massachusetts, Middlesex.

July 8, 1993.


Attorney(s) appearing for the Case

Douglas G. Moxham for the plaintiffs.

James Golden, Jr., City Solicitor, for the defendants.

Present: LIACOS, C.J., NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


O'CONNOR, J.

The plaintiffs brought this action to enjoin the enforcement of a regulation promulgated by the board of health of the city of Marlborough (board) that limits the operation of cigarette vending machines to certain locations where access by minors is restricted. After citing in § I the importance of reducing "the easy access of tobacco products to youths," the regulation in § IV E prohibits cigarette vending machines except at "[p]rivate [c]lubs...

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