Legal Opinion

People v. Amerada Hess Corp.

Nassau County District Court

Decided June 16, 2003Published

1Opinion of the Court

OPINION OF THE COURT

Joel K. Asarch, J.

This case involves a question of concern to municipalities: may a restrictive covenant running with the land bar the sale of alcoholic beverages at the location even though such sale is licensed by the New York State Liquor Authority?

The defendants, Amerada Hess Corporation and Hess Mart Inc., have been charged with two counts of violating article XXXIII, § 336 of the Building Zone Ordinance of the Town of Hempstead. The defendants are alleged to have permitted the sale of alcoholic beverages on January 23, 2001 and on Febru*427ary 13, 2001 at 880 Old Country…

2Cases cited11 opinions

  1. Witter v. TaggartNew York Court of Appeals · 1991
  2. People v. De JesusNew York Court of Appeals · 1981
  3. Lansdown Entertainment Corp. v. New York City Department of Consumer AffairsNew York Court of Appeals · 1989
  4. Vatore v. Commissioner of Consumer AffairsNew York Court of Appeals · 1994
  5. Old Country Burgers Co. v. Town Board of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1990

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