Sunny Day Restaurant, Inc. v. Beacon Restaurant, Inc.

This is a companion case to Beacon Restaurant, Inc. v. Adamo, 103 R. I. 698, 241 A.2d 291. It is before us on the plaintiff’s appeal from a judgment of the superior court which granted the defendants’ motion to dismiss the instant complaint for lack of jurisdiction over the subject matter. We shall refer to the plaintiff as “Sunny Day,” the defendant Beacon Restaurant, Inc. as “Beacon” and the defendants who have been sued in their capacities as members of the Westerly town council and as the board of license commissioners in that town as “the council.”

This complaint was filed on the same…