Rose v. Board of Selectmen

After the defendant Denise Kelley obtained an exclusive shellfish license over certain land in Falmouth, the plaintiffs, who had applied for such a license prior to Kelley’s application, brought this action seeking declaratory relief and review in the nature of certiorari. A judge of the Superior Court, after a trial, made findings of fact and ruled, contrary to the plaintiffs’ contentions, that: (1) the licensing statute, G. L. c. 130, § 57, does not require that the first qualified applicant be granted the license; (2) that the applicable renewal provision, § 58, as in effect prior to St.…