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LARKIN v. GRENDEL'S DEN, INC.

No. 81-878.

459 U.S. 116 (1982)

103 S.Ct. 505

74 L.Ed.2d 297

LARKIN ET AL. v. GRENDEL'S DEN, INC.

Supreme Court of United States.

Decided December 13, 1982.

Attorney(s) appearing for the Case

Gerald J. Caruso, Assistant Attorney General of Massachusetts, argued the cause pro hac vice for appellants. With him on the briefs for appellants Larkin et al. were Francis X. Bellotti, Attorney General, and Paul W. Johnson, Special Assistant Attorney General. David B. O'Connor and Birge Albright filed a brief for appellant Cambridge License Commission.

Laurence H. Tribe argued the cause and filed briefs for appellee.*

CHIEF JUSTICE BURGER delivered the opinion of the Court.

The question presented by this appeal is whether a Massachusetts statute, which vests in the governing bodies of churches and schools the power effectively to veto applications for liquor licenses within a 500-foot radius of the church or school, violates the Establishment Clause of the First Amendment or the Due Process Clause of the Fourteenth Amendment.

I

A

Appellee operates a...

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