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4 N.J.A.R. 346

Seven M Corporation, t/a Kawasaki Crossroads et al. v. Kawasaki Motors Corporation, and Pendine Limited, t/a Kawasaki Sport Center
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Citation: 4 N.J.A.R. 346
Decision Date: 1983
Synopsis: Petitoner filed a protest with the Motor Vehicle Franchise Commit- tee pursuant to N.J.S.A 56:10-16 et seq., alleging that the Kawasaki Motors Corporation had permitted another Kawasaki dealer to re- locate it place of business within a distance of eight and one-half milles from petitioners place of business in violation of the New Jersey Motor Vehicle Franchise Law. The petitioners also moved for preliminary restraints as anticipated by the act. AftJr a hearing on the motion, the administrative law judge granted the preliminary remand with limited the operation and expansion of the relocating dealer. The order was subsequently dissolved by the Motor Vehicle Franchise Committee. After a preliminary hearing, the administrative law judge de- termined that the threshold issue to be addressed was a jurisdictional one, whether the act, which became effective on October 27, 1982, granted the relocation of the particular franchise. The administrative law judge determined that the act was to have prospective application only and found that Kawasaki clearly in- tended to relocate the franchise in question at least two months prior to the effective date of the act. Accordingly, the judge ordered that the matter be dismissed for lack of jurisdiction. State of New Jersey 347 John A. Conte, Esq., for petitioners Rudy B. Coleman, Esq., for respondent, Kawasaki Motors Corpor- ation, U.S.A. (Carpenter, Bennett & Morrissey, attorneys) Richard M. Meth, Esq., for intervenor/respondent, Pendine Limited (Sills, Beck, Cummis, Zuckerman, Radin & Tischman, attorneys)
Statute(s) Cited: 56:10-16 et seq.