11 Mass. App. Ct. 890 | Mass. App. Ct. | 1980
1. The Alcoholic Beverages Control Commission (ABCC) correctly contends that in the present circumstances the appeal from the order of the Superior Court remanding this matter to the
2. It was error for the judge of the Superior Court to order the ABCC to reconsider its decision affirming the local licensing authority’s revocation decision. The judge found that the decision of the ABCC was based on substantial evidence.
3. The judge relied on the severity of the penalty as the basis for his remand of this matter to the ABCC. That was error. See Levy v. Board of Registration & Discipline in Medicine, 378 Mass. 519, 528-529 (1979). Compare Number Three Lounge, Inc. v. Alcoholic Beverages Control Commn., supra at 312-313.
The judgment is reversed, and the case is remanded to the Superior Court for the entry of a new judgment affirming the decision of the ABCC.
So ordered.
None of the other grounds set out in G. L. c. 30A, § 14(7), for setting aside the decision of an agency was relied on by the judge.