Norcisa v. Board of Selectmen of Provincetown
Massachusetts Supreme Court
368 Mass. 161, 330 N.E. 2d 830 (1975)
In 1973, Pamela Norcisa (plaintiff) opened a retail clothing business in Provincetown, Massachusetts. Norcisa was told by an agent for the Board of Selectmen of Provincetown (Board) (defendant) that she would not be permitted to own and operate her business unless she paid a license fee of $200 to Provincetown, furnished a bond of $500 to Massachusetts, and applied for a Transient Vendor’s License from both Provincetown and Massachusetts. Norcisa opened her business without a license. A criminal complaint was issued, charging Norcisa with violating local law. Norcisa brought suit against the Board, seeking an injunction against the pending criminal prosecution. The trial court issued injunctive and declaratory relief. The Board appealed. In support of the trial court’s decision, Norcisa argued that the local law was unconstitutional or, if properly construed, would not apply to her because she was not and had never been a transient vendor.
Rule of Law
Holding and Reasoning (Quirico, J.)
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