Frank's of Brockton, Inc. v. Brockton License Commission

INTRODUCTION

This action is before the court on Frank’s of Brockton, Inc.’s (“Frank’s”) writ of certiorari challenging the decision by the Brockton License Commission (“the Commission”) to deny Frank’s application to expand its entertainment license to include dancing by nude performers. Five of the nine counts have been resolved by summaiy judgment. Four counts remain available for trial, including, inter alia, whether the Commission’s reasons for denying a license given in its decision of June 1996 were pretextual and whether the Commission’s action thus constituted a violation of Frank’s…