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INNKEEPER, INC. v. REMINGTON, INC.

287 N.J. Super. 54 (1995)

670 A.2d 546

INNKEEPER, INC. T/A MASON JAR, PETITIONER-RESPONDENT, v. REMINGTON, INC., RESPONDENT-APPELLANT, AND TOWNSHIP COUNCIL OF THE TOWNSHIP OF MAHWAH, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 6, 1995.

Attorney(s) appearing for the Case

Edward S. Nathan argued the cause for appellant Remington, Inc. (McCarter & English, attorneys; McDonnell & Whitaker, co-attorneys; Theodore D. Moskowitz and Bruce M. Whitaker, of counsel; Mr. Nathan and Michael D. Siegel, on the brief).

Frank J. Passarella argued the cause for respondent Innkeeper, Inc. (Mr. Passarella, attorney; Kearns, Vassallo, Guest & Kearns, co-attorneys; Mr. Passarella and John F. Vassallo, Jr., on the brief).

David N. Bregenzer, Jr., Deputy Attorney General, argued the cause for the Division of Alcoholic Beverage Control (Deborah T. Poritz, Attorney General, attorney; Mr. Bregenzer, on the statement in lieu of brief).

Before VILLANEUVA, BRAITHWAITE and BILDER.

The opinion of the court was delivered by BILDER, J.A.D. (retired and temporarily assigned on recall).

This appeal involves a Mahwah liquor license which became inactive when the licensee was evicted from the licensed premises. At issue is the status of the inactive license and, more importantly, whether a transferee must apply for a place-to-place transfer in order to have the license re-sited in its original location...

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