Legal Opinion · Dissent

Delaware Alcoholic Beverage Control Commission v. Newsome

Supreme Court of Delaware

Decided June 7, 1996No. 309, 1995Published

1DissentHartnett, Justice

I disagree with the majority’s conclusion that the area used by Sam’s Club as a retail store for the sale of alcoholic beverages is not a part of the premises of Sam’s Club, a grocery store. I therefore must dissent.

-As the majority states at page 908: “For almost fifty years, it has been unlawful in Delaware for any owner, lessee or manager conducting a grocery store ... to sell or disperse alcoholic liquors on its premises.” The critical word is “premises” and I agree *911with the holding of the Superior Court that “[b]ecause the undisputed record shows that Sam’s is primarily a dealer in…

2Cases cited2 opinions

  1. Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1982
  2. Ruby Construction Co. v. Department of RevenueCourt of Appeals of Kentucky · 1978

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