Norcisa v. Board Of Selectmen

330 N.E.2nd 830 (1975)

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Nature of the Case

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Facts

In 1973, Norcisa (P) opened a retail clothing store in Provincetown by the name of The Town Crier Wearhouse. At the time, P opened her business she was told by the agent for D that she would not be able to open and operate her business unless she paid a license of $200 to Provincetown, furnish a bond of $500 to the Commonwealth and apply for both a state and town Transient Vendor’s License, all pursuant to statutory law. P did not like what she was being told in that she claimed she was not a transient vendor at the time D sought to categorize her as one. P was, in fact, a resident of Provincetown. P also claimed that she would not be a transient vendor in the future and had performed no acts that could be construed as classifying her as anything except a retailer of clothes and was intended to conduct her operations as a full-time retail clothing store. P sued D and asked for injunctive relief. Prior to the commencement of the suit in equity, a criminal complaint had been issued. The court issued a decree in favor of P while the criminal complaint was still pending ordering D not to enforce the statutes in question against P. The effect of the court order was to enjoin the criminal prosecution. D appealed.