Stamper v. Selectmen, Town of Hanover

The question raised by this petition for declaratory judgment is whether the selectmen of Hanover had the authority to enact an ordinance forbidding the use of certain streets for the sale or display of merchandise.

Plaintiff sold items of jewelry of his own design from a pushcart located on Main Street in Hanover. On July 2, 1977, the selectmen of the town enacted an ordinance which prohibited persons from selling or displaying merchandise in that area. Plaintiff filed a petition for declaratory judgment which was heard before a Master, {Charles F. Leahy, Esq.). The master found the ordinance…