Legal Opinion

Arno v. Alcoholic Beverages Control Commission

Massachusetts Supreme Judicial Court

Decided January 12, 1979PublishedCited by 21 opinions

1Opinion of the CourtLiacos, J.

The plaintiff, Joseph V. Arno, challenges G. L. c. 138, § 16C, 1 as an improper, standardless delegation of legislative authority, and as violative of the establishment of religion clause of the First Amendment to the United States Constitution. We disagree with the plaintiffs characterizations, and hold the provision valid under both the State and Federal Constitutions.

The parties have stipulated to all the material facts. On July 16, 1975, the plaintiff applied to the Nantucket board of selectmen (board) for a liquor license for Arno’s Restaurant, located at 41 Main Street (premises),…

2Cases cited34 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Lemon v. KurtzmanSupreme Court of the United States · 1971
  3. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  4. Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
  5. Young v. American Mini Theatres, Inc.Supreme Court of the United States · 1976

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3Cited by21 opinions

  1. Grendel's Den, Inc. v. John P. Larkin, Cambridge License Commission, Grendel's Den, Inc. v. John P. LarkinCourt of Appeals for the First Circuit · 1984
  2. Larkin v. Grendel's Den, Inc.Supreme Court of the United States · 1982
  3. Colo v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1979
  4. Opinions of the Justices to the SenateMassachusetts Supreme Judicial Court · 1981
  5. Number Three Lounge, Inc. v. Alcoholic Beverages Control CommissionMassachusetts Appeals Court · 1979

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