Sherman v. Board of Selectmen of Orleans
| Decision Date | 06 January 1969 |
| Parties | Ethel W. SHERMAN v. BOARD OF SELECTMEN OF ORLEANS. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
William C. Jankowski, Orleans, for petitioner.
Roger P. Stokey, Boston, for respondent.
Before WILKINS, C.J., and WHITTEMORE, CUTTER, KIRK, and SPIEGEL, JJ.
RESCRIPT.
This is an appeal from a judgment in the Superior Court denying a petition for a writ of certiorari to review action of the board of selectmen (board). The petitioner filed an application for a license to keep, store and sell gasoline and other flammables and explosives upon a certain parcel of land owned by her. After a hearing the board denied the application. The judge in his order for judgment stated that '(t)he petitioner agrees in open Court that the * * * (board has) complied with G.L. c. 148, § 13, except as follows: * * * (it) considered matters other than the danger of fire and explosion, and matters relating to whether a public or private nuisance may be created.' There is no essential dispute on the facts. Basically, the petitioner urges us to overrule the rule of law established in a number of cases beginning with St. James Bldg. Corp. v. Commissioner of Pub. Safety, 260 Mass. 548, 157 N.E. 629. This we decline to do.
Judgment affirmed.
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E. A. D. Realty Corp. v. Board of Selectmen of Shrewsbury
...543, 233 N.E.2d 316, appeal dismissed and cert. denied, 392 U.S. 296, 88 S.Ct. 2061, 20 L.Ed.2d 1108 (1968). Sherman v. Slectman of Orleans, 355 Mass. 786, 243 N.E.2d 816 (1969). Davidson v. Selectmen of Duxbury, 358 Mass. 64, 65-66, 260 N.E.2d 695 (1970). Chase v. Selectmen of Littleton, 2......