Legal Opinion
Tri-Nel Management, Inc. v. Board of Health
Massachusetts Supreme Judicial Court
Decided January 19, 2001PublishedCited by 84 opinions
1Opinion of the CourtCowin, J.
We are asked in this appeal to decide whether the board of health of Barnstable (board) has the authority to issue a municipal regulation prohibiting smoking “in all food service establishments, lounges and bars.” We hold that it does.
1. Background. We summarize the relevant facts from the uncontested documentary materials in the record. In 1995, the board began considering whether to impose regulations curbing the harmful effects of environmental tobacco smoke (ETS). After several public hearings and consideration of the issue between 1995 and 1996, the board adopted a regulation prohibiting…
2Cases cited26 opinions
- Packaging Industries Group, Inc. v. CheneyMassachusetts Supreme Judicial Court · 1980
- Hoffman v. Howmedica, Inc.Massachusetts Supreme Judicial Court · 1977
- Board of Appeals of Hanover v. Housing Appeals Comm.Massachusetts Supreme Judicial Court · 1973
- Commonwealth v. Mass. CrincMassachusetts Supreme Judicial Court · 1984
- Bloom v. City of WorcesterMassachusetts Supreme Judicial Court · 1973
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3Cited by84 opinions
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- Loyal Order of Moose, Inc., Yarmouth Lodge 2270 v. Board of HealthMassachusetts Supreme Judicial Court · 2003
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