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FOOD LION, INC. v. MCCALL, ET AL. NO. 1753, SEPTEMBER TERM, 1997

HEADNOTE: APPEAL AND ERROR - STANDARD OF REVIEW: SUBSTANTIAL EVIDENCE TEST DOES NOT APPLY WHEN ISSUE BEFORE LIQUOR LICENSING BOARD WAS QUESTION OF LAW. ON APPEAL OF QUESTION OF LAW, LIQUOR LICENSING BOARD'S DECISION IS ENTITLED TO NO DEFERENCE.

STATUTORY INTERPRETATION: PLAIN AND UNAMBIGUOUS LANGUAGE IN STATUTE AIMED AT SPECIFIC COUNTY, WHICH PROHIBITS TRANSFER OF LIQUOR LICENSE, CAN NOT BE READ TO INCLUDE EXEMPTION TO SUCH TRANSFERS FOUND IN A SEPARATE STATEWIDE STATUTORY PROVISION.

REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1753 September Term, 1997

FOOD LION, INC., v. CHARLENE McCALL, et al.

Wenner, Harrell, McAuliffe, John F., (Retired, specially assigned) JJ.

Opinion by Wenner, J.

Filed: July 1,1998

Appellant, Food Lion, Inc., appeals from a judgment of the Circuit Court for Prince George's County, reversing a decision of the Prince George's County Board of License Commissioners (the Board). questions: I. Whether the Board's approval of the transfer of an alcoholic beverages license from another chain supermarket to Food Lion, Inc. was proper and, therefore, whether the circuit court erred in overturning the Board's decision? Whether the Board's approval of Food Lion's application for the transfer of a Class A alcoholic beverages license in Prince George's County was proper, knowing that Food Lion, Inc. holds a license in Talbot County, a county exempted from the regulation of Md. Ann. Code Article 2B? On appeal, appellant presents us with the following

II.

Finding no error, we shall affirm the judgment of the circuit court.1 Facts The facts of this case are undisputed. Oxon Run, Inc. (Oxon

Run), apparently a closely held Maryland corporation, held a Class A (off-sale), Beer and Wine, License (the licensee). Since 1956,

at various locations in Prince George's County,2 Oxon Run had,

Given that our ruling on appellant's first claim of error is dispositive of this matter, we decline to review appellant's second question presented. The Joint Record Extract provided by the parties fails to delineate with specificity the various locations of the different supermarkets that operated under the subject license, or of the periods of time at each location. What is apparent is that the license has migrated through the County during its existence.
2

1

-2under various trade names,3 operated a supermarket. Ultimately, it

located the operation in a shopping center at 12100 Central Avenue, Mitchellville, Maryland. In 1996, appellant leased that location

from Oxon Run, for the purpose of operating one of its chain of supermarkets. After executing the lease, appellant applied to the

Board for transfer of the license from Oxon Run to Food Lion, Inc., a publically-held corporation headquartered in North Carolina. To

the dismay of the appellees, the Board granted the transfer. Appellees sought judicial review by the Circuit Court for Prince George's County. The circuit court held that the Board had erred This appeal

as a matter of law, and reversed the Board's decision. followed.

Discussion According to Article 2B,

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Maryland Law