7-Eleven Store Owners File Lawsuit Over 24-Hour Operating Permit-October 15, 1979

The owners of the 7-Eleven convenience store located on Pleasant Street have taken legal action against the town, filing a suit in Norfolk Superior Court for an injunction to prevent the Board of Selectmen from curtailing their 24-hour retail operations.

Store owners Pamela A. and Richard K. Edge filed the legal action on Friday, seeking declaratory judgments to challenge several key issues: the board’s legal authority to revoke their special permit, the applicability of the town’s ordinance regulating all-night businesses, and the procedural legality of an October 9 public hearing.

Furthermore, the lawsuit asks the court to disqualify two selectmen—Walter J. Dempsey and Martin J. Lydon—from voting on the permit revocation, citing alleged prejudgment of the case. A hearing on the request for a preliminary injunction was scheduled for 9:30 a.m. Tuesday in superior court.

Neighborhood Complaints Versus Business Impacts

The legal showdown stems from mounting complaints voiced by neighborhood residents living near the Pleasant Street store, who contend that nighttime noise, loitering, and customer activities generated during the early morning hours severely infringe upon their peace and privacy.

In response to resident grievances, selectmen convened a public hearing last Tuesday to evaluate whether the Edges’ special permit should be rescinded. Although several selectmen indicated a willingness to revoke the permit, a formal decision was postponed until the upcoming board meeting at the request of the Edges’ attorney, Michael R. Coppock of Boston. Selectman William J. Plasko noted during the hearing that he would personally favor revoking the permit when it naturally expires in the spring.

Financial Stakes and 24-Hour Identity

According to court filings, the store’s profits are divided between the Edges and the national franchisor, Southland Corp. The franchise agreement provides for an increased profit share for the Edges specifically tied to 24-hour operations.

The lawsuit maintains that the store stands to lose approximately $200 a week in profits if forced to close overnight, noting that overall sales across all hours benefit from continuous accessibility. “Twenty-four hour operation is a significant part of the identity of the 7-Eleven stores in the public mind and constitutes a substantial part of the good will of the stores in general and of the Edges’ store in particular,” the complaint asserts.

The Edges also argue that they received improper notice regarding the October 9 public hearing and that the proceedings were improperly conducted. Additionally, the suit highlights that Lydon openly proposed revoking the special permit during the Tuesday hearing, while Dempsey allegedly declared his firm intention to vote in favor of revocation.

Background on the 24-Hour Ordinance

The controversy traces back to a special town meeting in February, which enacted a municipal bylaw granting selectmen the authority to issue special permits for 24-hour business operations. At the time, town meeting members were assured that the bylaw was not aimed specifically at the 7-Eleven—which remains the only store in town operating around the clock.

The Edges successfully renewed their license and secured a special permit to remain open all night last spring. However, despite subsequent attempts to address neighborhood concerns, nearby residents have continued pressing selectmen to mandate closures between 11:00 p.m. or midnight and 6:00 a.m.

Archival Note: This article has been dynamically reconstructed from the original public record print archives of the Patriot Ledger