Allston Finance Co. v. Commissioner of Banks

Massachusetts Appeals Court

Allston Finance Co. v. Commissioner of Banks

399 N.E.2d 884, 9 Mass. App. Ct. 839, 1980 Mass. App. LEXIS 998

CourtMassachusetts Appeals Court

DecidedFebruary 5, 1980

StatusPublished

Cited by1 cases

This text of 399 N.E.2d 884 (Allston Finance Co. v. Commissioner of Banks) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allston Finance Co. v. Commissioner of Banks, 399 N.E.2d 884, 9 Mass. App. Ct. 839, 1980 Mass. App. LEXIS 998 (Mass. Ct. App. 1980).

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Opinion

If we assume that the record discloses an “actual controversy” within the meaning of G. L. c. 231 A, § 1, as to whether the Commissioner is obliged to afford the plaintiff an “adjudicatory” (see G. L. c. 30A, § 1 [1] and [3]) or other type of hearing prior to making any determination under the first sentence of the second paragraph of G. L. c. 255C, § 6 (inserted by St. 1964, c. 727, § 1), to release to the public any information which has been obtained from the plaintiff and which is subject to § 6, we must conclude that the controversy is academic (see Commissioner of the Dept, of Community Affairs v. Medford Housing Authy., 363 Mass. 826, 832 [1973]), and consequently that the plaintiff lacks standing to pursue it. See Massachusetts Assn, of Independent Ins. Agents <b- Brokers, Inc. v. Commissioner of Ins., 373 Mass. 290, 292-293 (1977). The reason for our conclusion is that there is nothing in the record to suggest that the Commissioner had disclosed or authorized the disclosure of any such information or that he intends to make or authorize any such disclosure in the future. The judgment is vacated, and a new judgment is •to be entered which dismisses the action.

So ordered.

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If we assume that the record discloses an “actual controversy” within the meaning of G. L. c. 231 A, § 1, as to whether the Commissioner is obliged to afford the plaintiff an “adjudicatory” (see G. L. c. 30A, § 1 [1] and [3]) or other type of hearing prior to making any determination under the first sentence of the second paragraph of G. L. c. 255C, § 6 (inserted by St. 1964, c. 727, § 1), to release to the public any information which has been obtained from the plaintiff and which is subject to § 6, we must conclude that the controversy is academic (see Commissioner of the Dept, of Community Affairs v. Medford Housing Authy., 363 Mass. 826, 832 [1973]), and consequently that the plaintiff lacks standing to pursue it. See Massachusetts Assn, of Independent Ins. Agents <b- Brokers, Inc. v. Commissioner of Ins., 373 Mass. 290, 292-293 (1977). The reason for our conclusion is that there is nothing in the record to suggest that the Commissioner had disclosed or authorized the disclosure of any such information or that he intends to make or authorize any such disclosure in the future. The judgment is vacated, and a new judgment is •to be entered which dismisses the action.

So ordered.

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Bluebook (online)

399 N.E.2d 884, 9 Mass. App. Ct. 839, 1980 Mass. App. LEXIS 998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allston-finance-co-v-commissioner-of-banks-massappct-1980.

Opinion

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