El Di, Inc. v. Town of Bethany Beach

for the majority:

This is an appeal from a permanent injunction granted by the Court of Chancery upon the petition of the plaintiffs, The Town of Bethany Beach, et al., prohibiting the defendant, El Di, Inc. (“El Di”) from selling alcoholic beverages at Holiday House, a restaurant in Bethany Beach owned and operated by El Di.

I

The pertinent facts are as follows:

El Di purchased the Holiday House in 1969. In December 1981, El Di filed an application with the State Alcoholic Beverage Control Commission (the “Commission”) for a license to sell alcoholic beverages at the Holiday House. On April 15,…