Town of Fenton v. Tedino

This proceeding is brought by the Town of Fenton for injunctive relief pursuant to section 123 of the Alcoholic Beverage Control Law. The town seeks to enjoin the continued operation of a tavern or restaurant by respondent Michael C. Tedino. The premises in question are located in a zone designated as Neighborhood-Commercial (C-N) under the Town of Fenton Zoning Ordinance. The town claims, and one court has so held, that a tavern is not a permitted use within the C-N zone. Respondent counters that his establishment is a restaurant and not a tavern; however, even if this were the case, section…