SUPREME JUDICIAL COURT
for the Commonwealth
for the Commonwealth
Case Docket
SIX BROTHERS, INC., & others vs. TOWN OF BROOKLINE & another
SJC-13434
CASE HEADER
Case Status
Decided, Rescript issued
Status Date
04/05/2024
Nature
Governmental/municipal
Entry Date
05/22/2023
Appellant
Plaintiff
Case Type
Civil
Brief Status
Brief Due
Quorum
Budd, C.J., Gaziano, Lowy, Kafker, Wendlandt, Georges, Jr., JJ.
Argued Date
11/06/2023
Decision Date
03/08/2024
AC/SJ Number
2022-P-1201
Citation
493 Mass. 616
DAR/FAR Number
Lower Ct Number
2182CV00863
Lower Court
Norfolk Superior Court
Lower Ct Judge
Brian A. Davis, J.
Route to SJC
Sua Sponte Transfer from Appeals Court
PARTY / ATTORNEY
INVOLVED PARTY
ATTORNEY APPEARANCE
Six Brothers, Inc.
Plaintiff/Appellant
Blue br, app & reply br filed
Plaintiff/Appellant
Blue br, app & reply br filed
Fahd Iqbal
Plaintiff/Appellant
On brief of another party
Plaintiff/Appellant
On brief of another party
IPGG, Inc.
Plaintiff/Appellant
On brief of another party
Plaintiff/Appellant
On brief of another party
Sukhjinder Gill
Plaintiff/Appellant
On brief of another party
Plaintiff/Appellant
On brief of another party
Commonwealth Avenue Gas & Service, Inc.
Plaintiff/Appellant
On brief of another party
Plaintiff/Appellant
On brief of another party
OMR Corporation
Plaintiff/Appellant
On brief of another party
Plaintiff/Appellant
On brief of another party
Emile Heraiki
Plaintiff/Appellant
On brief of another party
Plaintiff/Appellant
On brief of another party
Elias Audy
Plaintiff/Appellant
On brief of another party
Plaintiff/Appellant
On brief of another party
Town of Brookline
Defendant/Appellee
Red brief filed
Defendant/Appellee
Red brief filed
Heather Hamilton
Defendant/Appellee
On brief of another party
Defendant/Appellee
On brief of another party
Raul Fernandez
Defendant/Appellee
On brief of another party
Defendant/Appellee
On brief of another party
Bernard Greene
Defendant/Appellee
On brief of another party
Defendant/Appellee
On brief of another party
John VanScoyoc
Defendant/Appellee
On brief of another party
Defendant/Appellee
On brief of another party
Miriam Aschkenasy
Defendant/Appellee
On brief of another party
Defendant/Appellee
On brief of another party
Commonwealth of Massachusetts
Amicus
Amicus brief filed
Amicus
Amicus brief filed
American Snuff Company, LLC
Amicus
Amicus brief filed
Amicus
Amicus brief filed
Medical, Public Health, and Community Groups
Amicus
Amicus brief filed
Amicus
Amicus brief filed
DOCUMENTS
DOCKET ENTRIES
| Entry Date | Paper | Entry Text |
| 05/22/2023 | #1 | Entered. |
| 05/24/2023 | #2 | Appellant brief filed for Six Brothers, Inc., Fahd Iqbal, IPGG, Inc., Sukhjinder Gill, Comm. Ave. Gas & Service, Inc., OMR Corporation, Emile Heraiki and Elias Audy by Attorney Patrick Tinsley. |
| 05/24/2023 | #3 | Appendix filed for Six Brothers, Inc., Fahd Iqbal, IPGG, Inc., Sukhjinder Gill, Comm. Ave. Gas & Service, Inc., OMR Corporation, Emile Heraiki and Elias Audy by Attorney Patrick Tinsley. |
| 05/24/2023 | #4 | Reply brief filed for Six Brothers, Inc., Fahd Iqbal, IPGG, Inc., Sukhjinder Gill, Comm. Ave. Gas & Service, Inc., OMR Corporation, Emile Heraiki and Elias Audy by Attorney Patrick Tinsley. |
| 05/24/2023 | The clerk's office has received the appellants' brief, appendix, and reply brief through e-fileMA. The brief, appendix, and reply brief have been accepted for filing and entered on the docket. The appellants shall file with the clerk 4 copies of the brief and reply brief, and 3 copies of the record appendix within 5 days. The clerk's office may require additional copies if necessary. (NOTE: The cover of the brief shall be blue, the cover of the appendix shall be white, the cover of the reply brief shall be grey.) | |
| 05/24/2023 | #5 | Appellee brief filed for Town of Brookline, Heather Hamilton, Raul Fernandez, Bernard Greene, John VanScoyoc and Miriam Aschkenasy by Attorney Christopher Banthin. |
| 05/24/2023 | The clerk's office has received the appellees' brief through e-fileMA. The brief has been accepted for filing and entered on the docket. The appellees' shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (Note: Cover of appellees' brief shall be red.) | |
| 05/25/2023 | #6 | Additional 5 copies of appellee's brief filed by Town of Brookline & others. |
| 05/26/2023 | #7 | Additional 4 copies of each appellant's brief and reply brief; 3 copies of appendix filed by Six Brothers, Inc. & others. |
| 06/05/2023 | #8 | ANNOUNCEMENT: The Justices are soliciting amicus briefs. 1. Whether a municipality's by-law prohibiting the sale of tobacco or e-cigarettes to any person born on or after January 1, 2000, is preempted by G. L. c. 270, § 6 (b), because it "relate[es] to the minimum sales age to purchase tobacco," and is "inconsistent, contrary or conflicting" with the minimum age for purchasing such products contained in the statute. 2. Whether a municipality's by-law prohibiting the sale of tobacco or e-cigarettes to any person born on or after January 1, 2000, violates the equal protection guarantees set forth in the Massachusetts Constitution because it arbitrarily divides the adult population into two groups, and allows retailers to sell tobacco products only to the group born before January 1, 2000. |
| 08/07/2023 | #9 | NOTICE of October argument sent. |
| 08/21/2023 | #10 | ORDERED for argument on October 2. |
| 09/06/2023 | #11 | ORDER: The order setting this matter for argument on October 2, 2023, is hereby VACATED. Oral argument is rescheduled to Monday, November 6, 2023, at the John Adams Courthouse, Boston, Massachusetts. By the Court. |
| 09/08/2023 | #12 | Amicus letter filed for Commonwealth of Massachusetts by Nicholas Ogden, A.A.G.. |
| 09/11/2023 | #13 | Amicus brief filed for American Snuff Company, LLC by Attorney Christopher Michael Morrison. |
| 09/12/2023 | The clerk's office has received the amicus brief filed for American Snuff Company, LLC through e-fileMA. The brief has been accepted for filing and entered on the docket. The amicus shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (Note: Cover of amicus brief shall be green.) | |
| 09/13/2023 | #14 | Additional 4 copies of amicus brief filed by American Snuff Company, LLC. |
| 10/17/2023 | #15 | Amicus brief filed for Medical, Public Health, and Community Groups by Attorney Mina S. Makarious, Attorney Christina S. Marshall, Attorney Matthew Bowser. |
| 10/17/2023 | The clerk's office has received the amicus brief filed for Medical, Public Health, and Community Groups through e-fileMA. The brief has been accepted for filing and entered on the docket. The amici curiae Medical, Public Health, and Community Groups shall file with the clerk 4 copies of the brief within 5 days. The clerk's office may require additional copies if necessary. (NOTE: The cover of the brief shall be green.) | |
| 11/06/2023 | Oral argument held. (Budd, C.J., Gaziano, J., Lowy, J., Kafker, J., Wendlandt, J., Georges, Jr., J.).
View Webcast
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| 11/07/2023 | #16 | NOTICE: The video recording of the oral argument in this matter has been posted to the SJC YouTube archive. Subscribe and view: https://www.youtube.com/c/massachusettssupremejudicialcourt. |
| 03/08/2024 | #17 | RESCRIPT (Full Opinion): Judgment affirmed. (By the Court) |
| 04/05/2024 | RESCRIPT ISSUED to trial court. |