On March 25, Davis Malm attorney Shawn McCormack, along with Nicholas Shapiro of Phillips & Angley, filed an Amicus Brief with the Massachusetts Supreme Judicial Court (SJC) on behalf of the Real Estate Bar Association (REBA) in the case of Bask, Inc. v. Municipal Council of the City of Taunton. At issue is the Council’s denial of Bask’s application for a license to conduct retail marijuana sales at 400 Winthrop Street in Taunton. The brief can be viewed here.

The case originated when the Massachusetts Land Court found that the Council acted arbitrarily and capriciously in denying a special permit for the operation of a marijuana dispensary, while granting one to a larger applicant a few blocks away on the same street. Because Taunton has a limited number of dispensary licenses to be awarded, the Land Court enjoined the Council from issuing any more licenses until the applicant who had been denied the special permit was allowed to participate with other qualified applicants in the licensing process.

The SJC has taken the case on direct appellate review and solicited Amicus Briefs on the narrow question of the extent of a trial court’s equitable jurisdiction to tailor judgments to ensure that they are not indirectly nullified (e.g., in Bask, by proceeding with the licensing process and giving out all the licenses before the plaintiff has a chance to participate). The SJC has scheduled arguments for April 6, 2022.

For more information, contact: Joanne Thorud; (617) 589-3894; jthorud@davismalm.com

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Shawn McCormack Shawn M. McCormack