(Download) "Henry J. Lamont & Others v. Director" by Supreme Judicial Court of Massachusetts ~ eBook PDF Kindle ePub Free
eBook details
- Title: Henry J. Lamont & Others v. Director
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 09, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The Board of Liquor License Commissioners for Baltimore City granted appellants a package goods license for their food market. The Baltimore City Court, on appeal by protestants, reversed the Board because "There are far too many licenses in this area now." The court construed the language of Code, 1951, Art. 2B, Sec. 166 (d) (3), that "The failure of the court to determine an appeal within a period of 30 days after the record has been filed in court by the local board as above provided, shall constitute an automatic affirmance of the local boards decision, unless the time has been extended by the court for good cause shown", to be directory and reversed the Board more than thirty days after the record had been filed, over objection of appellants. The applicants for the license urge upon us that this Court has jurisdiction to hear and determine the case under Code, 1951, Art. 2B, Sec. 166 (e), which provides that where any Circuit Court or the Baltimore City Court "shall in any case finally decide a point of law at variance within any decision previously rendered by any other Judge of the State on the same question, an appeal may be taken from the decision rendered to the Court of Appeals of Maryland." They contend that Judge Macgill, in the Circuit Court for Howard County, decided before Judge Byrnes acted that the court had no power to act on an appeal from the License Board after thirty days from the time the record had been filed, because the statute is mandatory. Appellants ask us to resolve this conflict between the decisions of Judge Byrnes and Judge Macgill, and to hold that the statute is mandatory.
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