Return to Browsing

7 N.J.A.R. 29

Montclair, Alcoholic Beverage Control Board of the Township of; Marlboro Manor, Inc., A New Jersey Corporation v
Formats: PDF | DjVu— Help viewing DjVu Files
Citation: 7 N.J.A.R. 29
Decision Date: 1981
Synopsis: After the Township Council of Montclair denied appellant a place- to-place transfer of its liquor consumption license, an appeal was taken to the Division of Alcoholic Beverage Control and the matter was assigned to an administrative law judge. The administrative law judge found that although the proposed site was in a primarily commercial zone and that while it met the 200 foot distance requirement from nearby churches, the churches had ex- pressed adverse sentiments to locating the license at the proposed site. The judge concluded that the respondent had acted unreasonably in its action denying the transfer in that it had failed to determine broad community sentiment and it had placed too great an emphasis on the objections of the churches. Accordingly, the judge ordered that the license be granted. Upon review the Director of the Division of Alcoholic Beverage Control rejected the judge's initial decision determining that the judge had substituted his judgment on the facts for that of the Board of Commissioners. Jack Gold, Esq., for appellant Joseph C. Dickson, Jr., Esq., for respondent Initial Decision
Statute(s) Cited: 33:1-76 
Citation Tracker rejected Div. of A.B.C.; reversed -187 N.J. Super. 359 (App. Div. 1982) [Updated through 1991]