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Norcisa v. Board of Selectmen of Provincetown

Massachusetts Supreme Court

368 Mass. 161 (1975)

Relevant factsFree

Norcisa (plaintiff) opened a clothing business in Provincetown without obtaining a transient-vendor license the Board of Selectmen (defendant) said she needed, and after a criminal complaint was issued against her for violating local licensing law, she sued for an injunction against the prosecution, arguing the law was unconstitutional or did not properly apply to her since she was not a transient vendor. The trial court granted injunctive and declaratory relief, and the Board appealed.

IssueFree

Whether courts may enjoin or issue declaratory judgments against a pending criminal prosecution where the plaintiff has an adequate remedy at law.

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