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BEACON HILL CIVIC ASSOCIATION v. RISTORANTE TOSCANO

422 Mass. 318 (1996)

EACON ILL IVIC SSOCIATION vs. ISTORANTE OSCANO, NC.

Supreme Judicial Court of Massachusetts, Suffolk.

March 25, 1996.

Attorney(s) appearing for the Case

Marcus E. Cohn (Lawrence S. DiCara with him) for the defendant.

Frances S. Cohen (Amy B. Rifkind with her) for the plaintiff.

The following submitted briefs for amici curiae:

James J. Duane, Ferdinand C. Mauet & Anne Victoria Quinn for Neighborhood Association of the Back Bay, Inc.

John E. Coyne for the Massachusetts Restaurant Association.

Present: IACOS, . ., BRAMS, YNCH, 'ONNOR, & RIED, JJ.

BRAMS, J.

The defendant, Ristorante Toscano, Inc. (Toscano), appeals from summary judgment entered in favor of the Beacon Hill Civic Association (Association). A Superior Court judge ruled that Toscano, by applying to the Boston Licensing Board for an all alcohol license, violated a 1984 contract with the Association, in which the Association agreed not to oppose Toscano's application for a beer and wine license in exchange...

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