Sherman v. Board of Selectmen of Orleans

Massachusetts Supreme Judicial Court

Sherman v. Board of Selectmen of Orleans

243 N.E.2d 816, 355 Mass. 786

CourtMassachusetts Supreme Judicial Court

DecidedJanuary 6, 1969

StatusPublished

Cited by2 cases

This text of 243 N.E.2d 816 (Sherman v. Board of Selectmen of Orleans) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sherman v. Board of Selectmen of Orleans, 243 N.E.2d 816, 355 Mass. 786 (Mass. 1969).

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Opinion

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 he 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. This we decline to do.

Judgment affirmed.

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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 he 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. This we decline to do.

Judgment affirmed.

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Bluebook (online)

243 N.E.2d 816, 355 Mass. 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-board-of-selectmen-of-orleans-mass-1969.

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