Ullis v. Inhabitants of Town of Boothbay Harbor

McKUSICK, Chief Justice.

The Town of Boothbay Harbor appeals from the adverse judgment of the Superior Court (Lincoln County) in twelve separate actions consolidated below for hearing and now on appeal. At issue in each case was the validity or proper application of the Town’s victualer’s ordinance, which requires all restaurants serving alcoholic beverages to obtain a “Class H” license from the Town licensing board, and which prohibits the issuance of a Class H victualer’s license to any establishment within 1200 feet of a preexisting Class H licensee. 1 The Superior Court held that section…