Massachusetts Superior Court June 19, 1997, No. 97464 (4765 Company-IHOP Restaurant v. Town of Saugus)

Welch, J.

The plaintiff operates an International House of Pancakes (“IHOP”) on Route One in the Town of Saugus, Massachusetts. The Town issued a common victualer’s license to the plaintiff pursuant to G.L.c. 140, §2 with the condition that the hours of operation for this IHOP restaurant be restricted to 6:00 a.m. to 1:00 a.m.