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MELLO v. LICENSE COMMISSION OF REVERE

435 Mass. 532 (2001)

JOHN A. MELLO v. LICENSE COMMISSION OF REVERE.

Supreme Judicial Court of Massachusetts, Suffolk.

December 31, 2001.

Attorney(s) appearing for the Case

Robert A. Marra, Jr., City Solicitor (Paul Capizzi, Assistant City Solicitor, with him) for the defendant.

Leah M. Constantine for the plaintiff.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

MARSHALL, C.J.

We decide in this case whether a licensing commission has the power to condition the grant of a common victualler's2 license on a limitation of the hours within which an applicant may operate. A judge in the Superior Court concluded that the limitation was beyond the authority conferred by the Legislature on the licensing commission, and granted summary judgment in favor of the plaintiff applicant. We transferred the

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