Pastene Wine & Spirits Co. v. Alcoholic

Where the first documentation of a final decision of the Alcoholic Beverages Control Commission was a written opinion and decision filed nearly seven weeks after the tenure in office of one of the two commissioners hearing the case had expired, the decision was void for its failure to comply with the quorum requirement of G. L. c. 4, § 6. [157-158] This action was brought in the Superior Court pursuant to G. L. c. 30A, § 14, for review of a decision of the Alcoholic Beverages Control Commission (Commission), under the provisions of the liquor franchise protection law, G. L. c. 138, § 25E. A summary judgment was entered dismissing the complaint. The plaintiffs, Pastene Wine & Spirits, Co., Inc., Atlas Distributing Corp. and Kelly-Dietrich, Inc., have appealed. We vacate the judgment of the Superior Court and remand the case for further proceedings.