Evening star. [volume] (Washington, D.C.) 1854-1972, 1958-08-22
ABC Bourd OK
OF Macarthur
Trunsfer Halted
BY PHIL THOMAS
star STAFF Reporter

Youngdal1l today blocked the
transfer Of Macarthur boule-
ward liquor store license that
had been approved August 4 by
the Districts Alcoholic Bever.
age Control Board.
The judges action in grant.
ing a preliminary injunction to
stop the transfer of the license
lof Macarthur Liquors, Inc.
from 5l36 Macarthur boule-
Ward to 1881 Macarthur boule-
Ward NV, represented a vic
tory for the Palisades Citizens
Association. The District is
expected to appeal the ruling.
In a memorandum opinion
filed today, Judge Youngdahl
agreed with allegations of the
associations attorney, James
M. Earnest, that the board had
acted arbitrarily in granting
the transfer over the opposition
of 412 residents in the neigh
borhood of the new store To-
cation.
Mr.. Earnest had maintained,
at a hearing before the ABC
Board in July and during the
hearing before the judge last
week, that the board had OPP
Grated without rules and regu-
lations for his guidance in OPP
posing the transfer. He also
objected to a population sur
vey made by board members
following the July hearing in
an effort to determine just
what the neighborhood con-
sists of.
Popular Opinion FlOuted
"The net effect of operating
without rules and regulations
was that the wishes Of the
community were by-passed
and a decision made arbi-
trarily (by the ABC Boar0
contrary to those DESIRES" the
judge said.
whatever may be the ade-
quacy of the rules to come.
the present setup is woefully in
adequate token compliance
: with the statutory prerequi-
site"
The judge said that the way
in which the board determined
c the population and the limits
: of the neighborhood resulted
u in the granting of the license
= in an area where the wishes Of
the neighborhood were unal-
terably opposed to the boards
action"
: j. E. Bindeman, attorney for
e the liquor concern, had ques-
y toned whether the association
q and the three individual plain
I tiffs in the case had standing
d to sue, since they had suffered
: mo damage TO distinguish
e them from the general public"
S This question had come be-
: fore Federal Judge Edward M.
Curran when the association
q had sought an injunction to
IS stop the original granting OF
e the liquor license by the ABC
IS board. Judge Curran said the
IS association did not have stand
e ing to sue and threw out the
complaint.
e Sees Right to Review
g But Judge Youngdahl said
= in today's opinion that both the
. association and the individual
: plaintiffs had a right to 9
: court review of the board de-
- cision in the transfer case.
The law. the Judge said
: gives property owners within
900 feet (of the store location
- in question: an absolute right
over the board to prevent b.
their protest the granting Of 9
license"
IF their right is to be pro.
tected, the statute must con-
template appeal to the courts
should the board arbitrarily
ignore their protests" he added
Speaking Of the associations
right to come into court, tht
Judge said that "the same Il
true with respect to those pre-,
senting the wishes of thu
neighborhood.' >"
Judge Youngdahl, on Angus
6, granted a temporary re-
straining order, holding up thu
transfer until he could act OF
the pending request for thu
preliminary injunction grantet
today. The restraining orde
required Addy Basin. the own
er of Macarthur Liquors, Il
stop doing business at 4S8
Macarthur boulevard NV.
Criticized for Haste
However, Mr.. Basin kept VI
operations at the new Location
on advice Of his attorney
pending receipt Of a copy o
the restraining order. Judg
Youngdahl criticized his failur
to follow the terms Of the orde
Immediately. He also rebukeI
Mr.. Basin for his haste h
moving to the new Location
after the granting of the trans
fer on August 4, in view of tn
known opposition by local resi-
dents.
A question that remains Yin
settled following Judge Young
dahls granting of the prelimi
.xt nary, Injunction is whether c
not Macarthur Liquors can re
he turn to its old place Of busl
of ness to make continued sale
When the license transfer wa
in granted, the liquor store owue
Ne turned in his license to operaf