Springfield Hotel Ass'n, Inc. v. Alcoholic Beverages Control Commission

• Court: United States State Supreme Judicial Court of Massachusetts
• Writing for the Court: Before WILKINS; SPALDING
• Citation: 338 Mass. 699,157 N.E.2d 219
• Parties: SPRINGFIELD HOTEL ASSOCIATION, Inc. et al. v. ALCOHOLIC BEVERAGES CONTROL COMM.
• Decision Date: 16 March 1959

Page 219

157 N.E.2d 219 338 Mass. 699 SPRINGFIELD HOTEL ASSOCIATION, Inc. et al.
v.
ALCOHOLIC BEVERAGES CONTROL COMM. Supreme Judicial Court of Massachusetts, Hampden. Argued Jan. 7, 1959.
Decided March 16, 1959.

Page 220

Harry M. Ehrlich, Springfield, for petitioners.

L. Johnson Callas, Asst. Atty. Gen. (Leo Sontag, Asst. Atty. Gen., with him), for respondent.

Before WILKINS, C. J., and RONAN, SPALDING, WHITTEMORE and CUTTER, JJ.

SPALDING, Justice.

On May 29, 1957, Court Square Cafe, Inc. (hereinafter called Court Square), held licenses authorizing it to conduct the business of a common victualler, and to sell all types of alcoholic beverges to be drunk on its premises in Springfield. See G.L. c. 140, §§ 4, 6; G.L. c. 138, § 12. On that day Court Square petitioned the board of [338 Mass. 700] license commissioners of Springfield for leave to transfer its licenses to American Legion Liberty Post No. 430, Incorporated (hereinafter called Legion Post). Legion Post was chartered under the provisions of G.L. c. 180, §§ 1-3, 7, and had a clubhouse in Springfield. It jointed in Court Square's petition for transfer. The local licensing authorities granted the petition for transfer, subject to the approval of the alcoholic beverages control commission (hereinafter called the commission), on June 19, 1957. See G.L. c. 138, §§ 12, 23. The approval of the local licensing authorities was conditioned upon this proviso: 'Granted with understanding the American Legion Liberty Post 430, Inc., Club alcoholic license will be surrendered if and when this license is approved by A. B. C. Commission.' The next day the Springfield Hotel Association, Inc. (hereinafter called the association), wrote to the commission requesting a hearing on the approval of the transfer. The attorney for the association filed an appearance four days later. On June 27, 1957, the commission without hearing voted to approve the transfer.

Thereafter the association and seven individuals, all described as residents and voters and, with some exceptions, as taxpayers in Springfield, filed a petition in the Superior Court naming the members of the

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commission as respondents. The gravamen of this petition is that the provisions of G.L. c. 138, § 12, do not authorize the issuance of a common victualler's license and an all alcoholic beverages license, to be used in conjunction therewith, to Legion Post and that the charter of Legion Post does not authorize it to hold such licenses. The petition contains this statement, 'Your petitioners, being doubtful on the facts of the case, as to whether relief should be sought by a petition for review as provided for in * * * [G.L. c. 30A, § 14] or whether it should be in the form of a petition for writ of certiorari under * * * [G.L. c. 249, § 4, as extended by G.L. c. 213, § 1A] and therefore have drawn this petition with a double aspect.' The respondents demurred to the petition on various grounds, including those of multifariousness and misjoinder,[338 Mass. 701] but their demurrer was overruled, ¹ and subsequently they filed a return. After a hearing, the judge dismissed the petition, both as it might be considered a petition for judicial review under G.L. c. 30A, § 14, and as it might be considered a petition for a writ of certiorari. The petitioners appealed. G.L. c. 30A, § 15. G.L. c. 214, § 19. G.L. c. 213, § 1D.

There was no error.

1. We shall first...