Sunny Day Restaurant, Inc. v. Beacon Restaurant, Inc., 241 A.2d 295 (R.I. 1968). · Go Syfert
Sunny Day Restaurant, Inc. v. Beacon Restaurant, Inc., 241 A.2d 295 (R.I. 1968). Cases Citing This Book View Copy Cite
27 citation events (15 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) Green Point Liquors, Inc. v. McConaghy, Pc/02-2837 (2004) (2×)
Sup. Ct. R.I. · 2004 · confidence medium
LEXIS 71, *5 (Mar. 26, 2003) (defining legally competent evidence as "`relevant evidence that a reasonable mind might accept as adequate to support a conclusion, and means an amount more than a scintilla but less than a preponderance'") (quoting Rhode Island Temps, Inc. v. Department of Labor Training Bd. of Review, 749 A.2d 1121 , 1125 (R.I. 2000)). 3 DBR currently acts as the Liquor Control Administrator in Rhode Island 4 In Sunny Day, the court held that a trial justice was correct in dismissing Sunny Day's complaint for lack of jurisdiction over subject matter because "the complaint seeks …
discussed Cited "see" Casa Dimario v. Rhode Island Dept. of Business Regulation, Pc/02-1642 (2004) (2×)
Sup. Ct. R.I. · 2004 · signal: see · confidence high
See Sunny Day Restaurant, Inc. v. Beacon Restaurant, Inc., 103 R.I. 707 , 708, 241 A.2d 295 , 296 (R.I. 1968) (tracing avenue of appeals for liquor license applications).
discussed Cited "see" Jake and Ella's, Inc. v. Department of Bus. Reg., Nc01-461 (2002) (2×)
Sup. Ct. R.I. · 2002 · signal: see · confidence high
See Sunny Day Restaurant, Inc. v. Beacon Restaurant, Inc., 103 R.I. 707 , 708, 241 A.2d 295 , 296 (1968) (tracing avenue of appeals for liquor license applications).
discussed Cited "see" J. Aliosio Enterprises, Inc. v. Dept., Business Regulation, 01-0574 (2001) (2×)
Sup. Ct. R.I. · 2001 · signal: see · confidence high
See Sunny Day Restaurant, Inc. v. Beacon Restaurant, Inc., 103 R.I. 707 , 708, 241 A.2d 295 , 296 (1968) (tracing avenue of appeals for liquor license applications).
discussed Cited "see" Decredico v. City of Providence Board of Licenses, 95-1051 (1996) (2×)
Sup. Ct. R.I. · 1996 · signal: see · confidence high
See Sunny Day Restaurant, Inc, v. Beacon Restaurant, Inc., 103 R.I. 707 , 708, 241 A.2d 295 , 296 (1968) (tracing avenue of appeals for liquor license applications).
cited Cited "see" Notorantonio v. Town of Smithfield, 90-0975 (1992)
Sup. Ct. R.I. · 1992 · signal: see · confidence high
See Sunny Day Restaurant, Inc. v. Beacon Restaurant, Inc., 103 R.I. 707 , 708, 241 A.2d 195 , 196 (1968).
Retrieving the full opinion text from the archive…
Sunny Day Restaurant, Inc. vs. Beacon Restaurant, Inc. Et Al.
232-Appeal.
Supreme Court of Rhode Island.
Apr 22, 1968.
241 A.2d 295
Frank S. Cappuccio, Louis B. Cappuccio, for plaintiff., Natale L. Urso, John J. Adamo (Attorneys for Beacon Restaurant, Inc. and Natale A. Felicetti), Joseph J. Parrilla, Town Solicitor (Attorney for Henry M. Morris, et- al.), for defendants.
Roberts, Paolino, Powers, Joslin, Kelleher.
Cited by 15 opinions  |  Published
Kelleher, J.

This is a companion case to Beacon Restaurant, Inc. v. Adamo, 103 R. I. 698, 241 A.2d 291. It is before us on the plaintiff’s appeal from a judgment of the superior court which granted the defendants’ motion to dismiss the instant complaint for lack of jurisdiction over the subject matter. We shall refer to the plaintiff as “Sunny Day,” the defendant Beacon Restaurant, Inc. as “Beacon” and the defendants who have been sued in their capacities as members of the Westerly town council and as the board of license commissioners in that town as “the council.”

This complaint was filed on the same day, to wit, March 16, 1967, that the superior court in the companion case ordered the writ of mandamus to issue, directing the council[*708] to set a date, and advertise and hold a hearing on the proposed transfer of the class B victualler beverage license from Sunny Day to Beacon. As we compare the records of both cases, we find that the town council at one point was in the unenviable position of being the recipient of two diametrically opposed orders of the superior court. One which was issued pursuant to a writ of mandamus in the Beacon suit directed the council to consider the transfer while the other order which was issued when the instant complaint was filed prohibited the council from taking any action whatsoever. The testimony adduced at the hearing below shows that Sunny Day has continued to operate its tavern without any hindrance since the time the transfer application was filed with the council.

An analysis of Sunny Day’s complaint and the testimony presented to the superior court leads us to the conclusion that the ruling of the trial justice in dismissing Sunny Day’s complaint is correct. In effect, we believe the complaint seeks a determination of issues relative to the transfer of the liquor license which is the exclusive prerogative of the council. Whether the application filed with the council is to be granted or denied is a matter within the original and sole jurisdiction of the town council with a right of appeal to the liquor control administrator by virtue of G. L. 1956, §3-7-21. Any appeal taken thereafter is to the superior court pursuant to §42-35-15, as amended. There is no jurisdiction in the superior court to entertain the instant complaint.

The plaintiff further contends that defendants’ motion to dismiss was improperly before the court because of their failure to comply with the notice requirements of rule 6(c) of the superior court rules of civil procedure. Rule 15(c) of this court requires that a party identify the issue he intends to raise, articulate his points of argument thereon and indicate the authoritative sources upon which he relies.[*709] In its brief, plaintiff simply makes the bald declaration that the trial justice’s action in granting defendants’ motion is contrary to the provisions of rule 6(c) and is therefore erroneous. The plaintiff cited no authority for this proposition and otherwise failed to comply with the mandates of rule 15(c). Accordingly, we hold that by reason of the plaintiff’s failure to observe our rules, its argument of untimely notice is deemed waived, cf. McSoley v. McSoley, 91 R. I. 61, 161 A.2d 216; Gower v. Gower, 101 R. I. 719, 227 A.2d 191.

Frank S. Cappuccio, Louis B. Cappuccio, for plaintiff. Natale L. Urso, John J. Adamo (Attorneys for Beacon Restaurant, Inc. and Natale A. Felicetti), Joseph J. Parrilla, Town Solicitor (Attorney for Henry M. Morris, et- al.), for defendants.

The plaintiff’s appeal is denied and dismissed, and the judgment appealed from is affirmed.