# Sherman v. Board of Selectmen of Orleans

> Massachusetts Supreme Judicial Court · January 6, 1969 · 355 Mass. 786

URL: https://www.frixlaw.com/law-library/cases/6448303

## Case

- **Full name:** Ethel W. Sherman v. Board of Selectmen of Orleans
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** January 6, 1969
- **Citations:** 355 Mass. 786; 243 N.E.2d 816
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6448303

## Opinion text

This is an appeal from a judgment in the Superior Court denying a petition for a writ of certiorari to review action of the board of selectmen (board). The petitioner filed an application for a license to keep, store and sell gasoline and other flammables and explosives upon a certain parcel of land owned by her. After a hearing the board denied the application. The judge in his order for judgment stated that “[t]he petitioner agrees in open Court that the . . . [board has] complied with G. L. c. 148, § 13, except as follows: . . [it] considered matters other than the danger of fire and explosion, and matters relating to whether a public or private nuisance may he created.” There is no essential dispute on the facts. Basically, the petitioner urges us to overrule the rule of law established in a number of cases beginning with St. James Bldg. Corp. v. Commissioner of Pub. Safety, 260 Mass. 548 . This we decline to do.
Judgment affirmed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6448303. Public record. Not legal advice.