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Remedies Keyed to Tabb, 8th
Norcisa v. Board of Selectmen of Provincetown
Citation:
368 Mass. 161, 330 N.E. 2d 830 (1975)Facts
In late 1973, Pamela Norcisa, a Provincetown resident, opened a retail clothing business named The Town Crier Wearhouse. The selectmen’s agent informed her she could not operate without paying a $200 license fee, furnishing a $500 bond, and obtaining both state and town transient vendor licenses pursuant to G.L. c. 101, § 3. Norcisa contended she was not a transient vendor, had never been one, would not be one in the future, and intended to conduct a full-time retail clothing shop. The defendants asserted that under the statute’s terms, she was required to obtain a transient vendor’s license unless she had been open for business during usual business hours for at least twelve consecutive months. A criminal complaint was filed against her for violating the statute, and while that prosecution was pending, she sought equitable relief in Probate Court.
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