First Church of Christ v. Alcoholic Beverages Control Comm'n, 207 N.E.2d 880 (Mass. 1965). · Go Syfert
First Church of Christ v. Alcoholic Beverages Control Comm'n, 207 N.E.2d 880 (Mass. 1965). Cases Citing This Book View Copy Cite
19 citation events (3 in the last 25 years) across 3 distinct courts.
Strongest positive: Dolphin Fleet of Provincetown, Inc. v. Provincetown Public Pier Corp. (masssuperct, 2004-10-27)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) Dolphin Fleet of Provincetown, Inc. v. Provincetown Public Pier Corp.
Mass. Super. Ct. · 2004 · confidence medium
Affairs, 405 Mass. 67, 72-73 (1989) (certiorari review not available where approval of siting of sludge disposal facility was wholly discretionaiy and did not require hearing); The First Church of Christ, Scientist v. Alcoholic Beverages Control Comm’n, 349 Mass. 273, 274-75 (1965) (court found that the approval by the Commission of a transfer of a liquor license is not reviewable on a writ of certiorari because it was discretionary and required no hearing).
discussed Cited as authority (rule) Chandler v. County Commissioners
Mass. · 2002 · confidence medium
See, e.g., Emerson College v. Boston, 391 Mass. 415 , 422 n.14 (1984); School Comm. of Hatfield v. Board of Educ., 372 Mass. 513, 517 (1977); First Church of Christ, Scientist v. Alcoholic Beverages Control Comm’n, 349 Mass. 273, 275 (1965).
cited Cited as authority (rule) Town of Walpole v. Secretary of the Executive Office of Environmental Affairs
Mass. · 1989 · confidence medium
First Church of Christ, Scientist, v. Alcoholic Beverages Control Comm’n, 349 Mass. 273, 274-275 (1965).
discussed Cited as authority (rule) Forsyth School for Dental Hygienists v. Board of Registration in Dentistry (2×)
Mass. · 1989 · confidence medium
See, e.g., Emerson College v. Boston, 391 Mass. 415 , 422 n. 14 (1984); School Comm. of Hatfield v. Board of Educ., 372 Mass. 513, 517 (1977); First Church of Christ, Scientist v. Alcoholic Beverages Control Comm'n, 349 Mass. 273, 275 (1965); Yerardi's Moody St.
cited Cited as authority (rule) Cast Iron Soil Pipe Institute v. Board of State Examiners of Plumbers & Gas Fitters
Mass. App. Ct. · 1979 · confidence medium
First Church of Christ, Scientist v. Alcoholic Beverages Control Commn., 349 Mass. 273, 274 (1965).
discussed Cited as authority (rule) School Committee of Hatfield v. Board of Education
Mass. · 1977 · confidence medium
See, e.g., Good v. School Comm. of Cambridge, 354 Mass. 759 (1968); South Shore Nat’l Bank v. Board of Bank Incorporation, 351 Mass. 363, 365 (1966); First Church of Christ, Scientist v. Alcoholic Beverages Control Comm’n, 349 Mass. 273, 274-275 (1965); Natick Trust Co. v. Board of Bank Incorporation, 337 Mass. 615, 617 (1958).
discussed Cited as authority (rule) Fairbairn v. Planning Board of Barnstable
Mass. App. Ct. · 1977 · confidence medium
Commn. 335 Mass. 372, 374-375 (1957); Natick Trust Co. v. Board of Bank Incorporation, 337 Mass. 615, 617 (1958); First Church of Christ, Scientist v. Alcoholic Beverages Control Commn. 349 Mass. 273, 274-275 (1965); Reid v. Acting Commr. of the Dept. of Community Affairs, 362 Mass. 136, 140, 142-143 (1972); Cambridge Elec.
cited Cited as authority (rule) Dubois v. Board of Selectmen
Mass. App. Ct. · 1974 · confidence medium
Inc. v. Alcoholic Beverages Control Commn. 338 Mass. 699, 701-702 [1959].” First Church of Christ, Scientist v. Alcoholic Beverages Control Commn. 349 Mass. 273, 274 (1965).
discussed Cited as authority (rule) Mayo v. Boston Rent Control Administrator (2×)
Mass. · 1974 · confidence medium
First Church of Christ, Scientist, in Boston v. Alcoholic Beverages Control Commn. 349 Mass. 273, 274-275 (1965).
cited Cited as authority (rule) Jasper v. Michael A. Dolan, Inc.
Mass. · 1968 · confidence medium
First Church of Christ, Scientist, in Boston, Mass. v. Alcoholic Beverages Control Commn. 349 Mass. 273, 275, fn. 1 . 2.
cited Cited "see" Dixie's Bar, Inc. v. BOSTON LICENSING BOARD
Mass. · 1970 · signal: see · confidence high
See First Church of Christ, Scientist v. Alcoholic Beverages Control Commn. 349 Mass. 273, 274-275 .
cited Cited "see" South Shore National Bank v. Board of Bank Incorporation
Mass. · 1966 · signal: see · confidence high
See The First Church of Christ, Scientist, in Boston, Mass. v. Alcoholic Beverages Control Commn. 349 Mass. 273 ; Moskow v. Boston Redevelopment Authy. 349 Mass. 553, 570-571 .
discussed Cited "see, e.g." City of Attleboro v. Massachusetts School Building Authority
Mass. Super. Ct. · 2005 · signal: see also · confidence medium
See School Committee of Hatfield v. Board of Education, 372 Mass. 513, 516-17 (1977) (holding that the determination of eligibility for school construction grants was a matter of board discretion, properly within the expertise of an administrative agency and therefore outside the ambit of judicial review); see also First Church of Christ, Scientist, in Boston v. Alcoholic Beverages Control Commission, 349 Mass. 273, 274 (1965).
Retrieving the full opinion text from the archive…
The First Church of Christ, Scientist, in Boston, Massachusetts
v.
Alcoholic Beverages Control Commission
Massachusetts Supreme Judicial Court.
Jun 7, 1965.
207 N.E.2d 880
1965 Mass. LEXIS 713
David Lee Turner, Assistant Attorney General (David Berman, Assistant Attorney General, with him), for the respondent., James D. St. Clair (John B. Peterson, Peter T. Kemtedy & S. Donald Gonson with him) for the petitioner.
Spiegel.
Cited by 18 opinions  |  Published
Spiegel, J.

This is a petition by “a duly organized [c]hurch” for a writ of certiorari to compel the Alcoholic Beverages Control Commission (ABC) to “show cause . . . why . . . [it] should not be ordered to annul, or be restrained from putting into effect . . . [its] order of transfer [of a seven day all alcoholic beverages license from 175 Dartmouth Street, Boston, to 215 Massachusetts Avenue, Boston] and on a hearing of the issues have . . . [its] order of transfer quashed and declared invalid. The respondent demurred on the grounds, inter alla, that the petition “does not set forth facts sufficient to warrant relief,” and that there are “alternative statutory procedures available. ’ ’ The demurrer was overruled, and the respondent appealed. The case was subsequently tried on the merits, and the respondent appealed from an order of the Superior Court that “judgment be entered quashing . . . [its] decision . . . approving the transfer” on the ground that the premises to which the transfer was made “are within . . . (500) feet of the petitioner’s church edifice” in violation of G. L. c. 138, § 16C.

It is well established that review upon a writ of certiorari “is available only for the purpose of examining and correcting the errors of law manifest upon the record of some tribunal in its performance of judicature, and to restrain the excesses of jurisdiction of inferior courts or officers acting judicially.” Fitzgerald v. Mayor of Boston, 220 Mass. 503, 506. Clark v. City Council of Waltham, 328 Mass. 40, 41-42. The matter of which the petitioner complains does not fall under this classification. It does not “relate to the exercise of any judicial or quasi judicial functions.” Stacy v. Mayor of Haverhill, 316 Mass. 759. See Hayeck v. Metropolitan Dist. Commn. 335 Mass. 372, 375. Compare Cambridge v. Railroad. Commrs. 153 Mass. 161, 169. The approval by the ABC of a transfer of a liquor license is discretionary and requires no hearing. G. L. c. 138, § 23. Springfield Hotel Assn. Inc. v. Alcoholic Beverages Control Commn. 338 Mass. 699, 701-702. For these reasons, it is not an adjudicatory proceeding under[*275] G. L. c. 30A. Id. at 702. Cf. Miller v. Alcoholic Beverages Control Commn. 340 Mass. 33, 34-35. Compare Milligan v. Board of Registration in Pharmacy, 348 Mass. 491, 494-502. For the same reasons, it cannot he reviewed on a writ of certiorari. See Natick Trust Co. v. Board of Bank Incorporation, 337 Mass. 615, 617; City Bank & Trust Co. v. Board of Bank Incorporation, 346 Mass. 29, 32. Cf. Hayeck v. Metropolitan Dist. Commn. 335 Mass. 372, 375. Neither Springfield Hotel Assn. Inc. v. Alcoholic Beverages Control Commn. 338 Mass. 699, 702-703, nor Webster v. Alcoholic Beverages Control Commn. 295 Mass. 572, 573, is inconsistent with this holding. We note that the petitioner cannot invoke the remedy provided by G. L. c. 139, §§ 16 and 16A,[1] as amended by St. 1934, c. 328, §§ 11 and 12, since it is not a legal voter; but we do not reach the question whether it has any remedy at all. Compare Cleary v. Licensing Commn. of Cambridge, 345 Mass. 257; O’Connor v. Deputy Commr. & Comptroller of the Commonwealth, 348 Mass. 569. Of course, we do not here intimate any view as to the merits of the substantive matter raised by the petitioner.

The orders overruling the demurrer and quashing the decision of the ABC are reversed. An order is to be entered sustaining the demurrer.

So ordered.

1

This section reads in part: “Upon a bill in equity brought in the name of the commonwealth by the attorney general, or district attorney for the district, or the chief of police, or the board or officer having control of the police of the state, or of a town or city, or by not less than ten legal voters of a town or city, in their own names, stating that a building, place or tenement situated therein is being used for the illegal keeping, sale or manufacture of alcoholic beverages . . . the superior court may abate the same as a common nuisance and may enjoin the person conducting or maintaining the same.” Section 16 is similar. Either section can be used to test the legality of the issuance or transfer of a liquor license. See Cleary v. Cardullo’s, Ine. 347 Mass. 337, 350-351.