McDonald's CORPORATION v. TOWN OF EAST LONGMEADOW & others
The selectmen and the building inspector of the town.
Appeals Court of Massachusetts
24 Mass. App. Ct. 904; 506 N.E.2d 172; 1987 Mass. App. LEXIS 1872
April 16, 1987, Decided
Plaintiff: McDonald's CORPORATION，fast food chain sought review of the decision from the Superior Court (Massachusetts), which affirmed the denial of the fast food chain's application for a common victualler's license in an action by the business to compel defendant town to issue such a license. Defendant：TOWN OF EAST LONGMEADOW
A fast food chain filed an action in the trial court to compel a town's building inspector to issue a building permit and to review the denial by the town's board of selectmen of the chain's application for a common victualler's license. All parties agreed that the chain was entitled to a building permit, but the trial court affirmed the decision that denied the application for a common victualler's license. The chain appealed. The court determined that there was no evidence that the board acted arbitrarily or capriciously in denying the license and there was no basis for disturbing the board's decision. The court also determined that the decision was not tainted by the participation of a member of the board who was employed by a competitor of the fast food chain.
Longmeadow to issue a building permit and in the nature of certiorari to review the denial by the town's board of selectmen of a common victualler's license. At trial, all parties agreed that the building permit should have been issued. Final judgment entered ordering the issuance of a permit and affirming the decision denying the common victualler's license. The plaintiff appeals from the order denying the license.
Why McDonald's corporation can’t get the common victualler's license? In my perspective, if the court allowed the common victualler's...
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