Attorney General v. Kenco Optics, Inc.

By this action for declaratory and injunctive relief, the Attorney General presents the question whether a licensed dispensing optician may continue to fit contact lenses to the human eye. Like the trial judge, we hold that until the Legislature speaks further the practice is not illegal. The action should not have been dismissed, however; we order a new judgment declaring the rights of the parties.

The Attorney General brought the action in the Superior Court in 1970. Demurrers were overruled in 1971, and the case was tried in December, 1974, on a stipulation of facts, oral testimony and…