ROSE v. BOARD OF SELECTMEN OF FALMOUTH

No. 93-P-11.

36 Mass. App. Ct. 34 (1994)

627 N.E.2d 478

LEONARD ROSE & others vs. BOARD OF SELECTMEN OF FALMOUTH & another.

Appeals Court of Massachusetts, Barnstable.

February 7, 1994.


Attorney(s) appearing for the Case

Leonard Rose for the plaintiffs.

Edward W. Kirk for Denise E. Kelley.

Frank K. Duffy, Jr., Town Counsel, for Board of Selectmen of Falmouth.

Present: ARMSTRONG, DREBEN, & IRELAND, JJ.


DREBEN, J.

After the defendant Denise Kelley obtained an exclusive shellfish license over certain land in Falmouth, the plaintiffs, who had applied for such a license prior to Kelley's application, brought this action seeking declaratory relief and review in the nature of certiorari. A judge of the Superior Court, after a trial, made findings of fact and ruled, contrary to the plaintiffs' contentions, that: (1) the licensing statute, G.L.c. 130, § 57, does not...

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