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Abdow, et al. v. Attorney General, et al. (Lawyers Weekly No. 10-111-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us     SJC‑11641   STEPHEN P. ABDOW & others[1]  vs.  ATTORNEY GENERAL & others.[2]     Suffolk.     May 5, 2014.  ‑  June 24, 2014. Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.   Initiative.  Gaming.  Pari Mutuel Wagering.  Attorney General.  Constitutional Law, Initiative petition, Taking of property, Police power.  Due Process of Law, Taking of property.  Elections, Ballot, Validity of petition.  Contract, Implied.  License.       Civil action commenced in the Supreme Judicial Court for the county of Suffolk on September 10, 2013.   The case was reported by Spina, J.     Thomas O. Bean (H. Reed Witherby with him) for the plaintiffs.   Carl Valvo for George Ducharme & others. Peter Sacks, State Solicitor, for the defendants. Mary Katherine Geraghty, Timothy J. Fazio, & Jennifer L. Morse, for Daniel Rizzo & others, were present but did not argue. Edward M. Pikula, City Solicitor, & Frank E. Antonucci, for Dominic J. Sarno & others, were present but did not argue. The following submitted briefs for amici curiae: Daniel O’Connell for Massachusetts Competitive Partnership. Brian D. Tobin for Massachusetts Council of Churches & others. Ellen Weiss Freyman & William J. Smith for Affiliated Chambers of Commerce of Greater Springfield & another. Thomas R. Landry for New England Regional Council of Carpenters. Jonathan M. Silverstein & Janelle M. Austin for town of Plainville. Donald J. Siegel & Jasper Groner for Massachusetts Building Trades Council. Melinda M. Phelps & Jennifer K. Cannon for Greater Springfield Convention and Visitors Bureau, Inc. Edward L. Sweda, Jr., for Public Health Advocacy Institute. Nicole Micheroni for Coalition of Citizens and Community Leaders. Brian T. Corrigan for Stop Predatory Gambling.   GANTS, J.  The issue presented on appeal is whether an initiative petition meant to prohibit casino and slots gambling and abolish parimutuel wagering on simulcast greyhound races meets the requirements set forth in art. 48 of the Amendments to the Massachusetts Constitution and, therefore, may be considered by voters at the November Statewide election.  The Attorney General concluded that it did not and, accordingly, declined to certify it for inclusion on the ballot.  The plaintiffs, ten Massachusetts voters who submitted the proposed initiative for certification, filed a complaint challenging the Attorney General’s decision and sought an order requiring the Attorney General to certify the petition.  We conclude that the Attorney General erred in declining to […]

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Posted by Massachusetts Legal Resources - June 24, 2014 at 4:29 pm

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