Town of Wellesley ex rel. Board of Selectmen v. Javamine, Inc.

Sikora, Mitchell J., J.

RULING

Upon consideration of the complaint, of all motion and opposition materials including affidavits and memoranda of law, and of extensive oral argument at the hearing of March 14, 2006, the court DENIES plaintiff Wellesley’s application for a preliminary injunction prohibiting the opening and operation by the defendants of a Dunkin’ Donuts retail store at 277 Linden Street, Wellesley without licensure by the Town as a common victualler.

REASONING

Factual Background

The following facts emerge from the court papers and oral argument as undisputed. In the course of the…