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GREAT A. & P. TEA CO., INC. v. MAYOR AND COUNCIL OF BOROUGH OF PT. PLEASANT BCH.

220 N.J. Super. 119 (1987)

531 A.2d 749

THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., TRANSFEREE-RESPONDENT, v. MAYOR AND COUNCIL OF THE BOROUGH OF POINT PLEASANT BEACH, ISSUING AUTHORITY-APPELLANT, AND VETRINI & CAPESTRO, INC., AND CARL BARKALOW, INTERVENOR-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 3, 1987.

Attorney(s) appearing for the Case

David S. Piltzer argued the cause for appellants (Piltzer & Piltzer, attorneys for appellant Vetrini & Capestro, Inc. and Carl Barkalow); Edward V. Murachanian appeared for appellant Mayor and Council of the Borough of Point Pleasant Beach (Hiering and Hoffman, attorneys); (David S. Piltzer and Ronald E. Hoffman on the joint brief).

Saul A. Wolfe argued the cause for respondent A & P; (Skoloff & Wolfe, attorneys; Saul A. Wolfe, of counsel and on the brief).

Lee Barry, Deputy Attorney General, argued the cause for respondent Division of Alcoholic Beverage Control; (W. Cary Edwards, Attorney General, attorney; Michael R. Clancy, Deputy Attorney General, of counsel; Lee Barry on the brief).

Before Judges DEIGHAN, HAVEY and MUIR, Jr.

The opinion of the court was delivered by MUIR, Jr., J.A.D.

This appeal focuses on the authority of the Director of the Division of Alcoholic Beverage Control (Director) to overrule a municipal denial of an application to relocate an inactive or "pocket" plenary retail distribution license (D license).

The Council of the Borough of Point Pleasant Beach (Council) denied the application of the Great Atlantic and Pacific Tea Company, Inc., (A & P) to locate...

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