Legal Opinion

Loyal Order of Moose, Inc., Yarmouth Lodge 2270 v. Board of Health

Massachusetts Supreme Judicial Court

Decided June 20, 2003PublishedCited by 19 opinions

1Opinion of the CourtGreaney, J.

The plaintiff (lodge) commenced this action against the defendants, the town of Yarmouth and its board of health (board), seeking declaratory and injunctive relief in connection with the board’s enforcement of two municipal regula*598tians that prohibited smoking on the lodge’s premises and prohibited the lodge from having cookouts. The lodge sought a preliminary injunction enjoining the defendants from enforcing both regulations. A Superior Court judge denied the lodge’s request for a preliminary injunction with respect to the regulation prohibiting smoking within its premises. The judge did not…

2Cases cited4 opinions

  1. Packaging Industries Group, Inc. v. CheneyMassachusetts Supreme Judicial Court · 1980
  2. Commonwealth v. Mass. CrincMassachusetts Supreme Judicial Court · 1984
  3. Tri-Nel Management, Inc. v. Board of HealthMassachusetts Supreme Judicial Court · 2001
  4. Edwin R. Sage Co. v. FoleyMassachusetts Appeals Court · 1981

3Cited by19 opinions

  1. Boston Police Patrolmen's Ass'n v. Police DepartmentMassachusetts Supreme Judicial Court · 2006
  2. Garcia v. Dep't of Hous. & Cmty. Dev.Massachusetts Supreme Judicial Court · 2018
  3. American Lithuanian Naturalization Club, Athol, Mass., Inc. v. Board of HealthMassachusetts Supreme Judicial Court · 2006
  4. E.H. Perkins Construction, Inc. v. Town of LincolnMassachusetts Appeals Court · 2010
  5. Cote-Whitacre v. Department of Public HealthMassachusetts Superior Court · 2004

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