CAFE GALLERY, INC. v. STATE


189 N.J. Super. 468 (1983)

460 A.2d 227

CAFE GALLERY, INC., A CORPORATION OF THE STATE OF NEW JERSEY, DIAMOND CASINO, INC., A CORPORATION OF THE STATE OF NEW JERSEY T/A LONDONSHIRE HOUSE, CARUGNO, INC., A CORPORATION OF THE STATE OF NEW JERSEY, T/A ARTHUR'S HOUSE OF FINE FOODS, AND THE CITY OF BURLINGTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFFS, v. STATE OF NEW JERSEY, BY THE DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, JOSEPH A. LERNER, AS DIRECTOR OF THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL, AND JOHN DOE, CONSTITUTING ANY UNNAMED OR UNKNOWN ENFORCEMENT AGENTS FOR THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL, CHIEF CLAYTON, CHIEF OF THE POLICE DEPARTMENT OF THE CITY OF BURLINGTON, AND XYZ CORPORATION AND JOHN SMITH, REPRESENTING THE NAMES OF ALL OTHER PLENARY RETAIL CONSUMPTION LICENSEES WITHIN THE CITY OF BURLINGTON, MORE PARTICULARLY DESCRIBED ON EXHIBIT ARE MADE A PARTY TO THIS ACTION AS A CLASS REPRESENTING LICENSEES NOT ENTITLED TO OPEN ON SUNDAY WITHIN THE CITY OF BURLINGTON, DEFENDANTS.

Superior Court of New Jersey, Law Division Burlington County.

Decided March 25, 1983.


Attorney(s) appearing for the Case

Frederick W. Hardt, for plaintiff (Sever & Hardt, attorneys).

Barbara A. Harned, Deputy Attorney General, for Director of Alcoholic Beverage Control (Irwin I. Kimmelman, Attorney General).

Louis A. Colagouri for defendant licensees (Bookbinder & Colagouri, attorneys).


HAINES, A.J.S.C.

The Sunday sale of alcoholic beverages has been a controversial issue in the City of Burlington for many years. In Cafe Gallery v. Burlington, 186 N.J.Super. 189 (Law Div. 1982), this court recognized the validity of a 1949 city referendum prohibiting such sales, while striking down five subsequent referenda on the same subject. The effect of the decision was to prevent the sale of alcoholic beverages...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases