(DOWNLOAD) "Scudder v. Board Selectmen Sandwich" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Scudder v. Board Selectmen Sandwich
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 24, 1941
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
QUA, Justice. By this petition for a writ of mandamus the petitioner seeks to compel the selectmen of Sandwich as the 'local licensing authority' to grant him a license for the storage and sale of gasoline on premises adjoining the Cape Cod Canal. G.L.(Ter.Ed.) c. 148, § 13, as last amended by St.1939, c. 333. The selectmen gave the petitioner a hearing as required by the statute and later notified him that they refused to grant the license. An auditor whose findings of fact were not to be final made a detailed report wherein he found that the reasons of the selectmen for refusing the license were that the petitioner had stated that he would put out of business the Sandwich Marine Corporation, which a short time before had obtained a similar license for an immediately adjoining location; that the petitioner had assumed a 'general arrogant attitude'; 'that he would take them [the selectmen] to court'; that 'they refused to be a party to put someone else out of business who had invested all his money in his place and who already had a permit'; that the petitioner 'as an agent of Gulf Oil Corp. would provide unfair competition'; that 'it was not for the public good to allow Scudder with the help of a big corporation behind him to do another man [referring to the person or persons interested in Sandwich Marine Corporation] out of his week's pay'; and that being engaged in the same business as Sandwich Marine Corporation 'was a lack of 'co-operation.' The auditor found that the 'essence' of the board's reasons for refusing a license to the petitioner was 'the protection of the business of Sandwich Marine Corporation, which corporation is controlled and operated by Sandwich residents.' The petitioner was not a resident of Sandwich.
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 "Scudder v. Board Selectmen Sandwich" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free){kind=link}