Woodfield v. WEST RIVER IMPROVEMENT ASSOC.

886 A.2d 944, 165 Md. App. 700, 2005 Md. App. LEXIS 312
Court of Special Appeals of Maryland·Decided November 30, 2005·No. 2151, September Term, 2003·Published·Cited by 3 cases

Opinions

KRAUSER, J.

The Circuit Court for Anne Arundel County reversed the decision of the County Board of License Commissioners, granting a liquor license to appellants, William R. Woodfield, Jr. (“Woodfield”) and Superior Woodfields, LLC. (“Superior Woodfields”), for a new crab and seafood restaurant in Gales-ville, Maryland. It did so at the urging of appellees, a group composed of the West River Improvement Association, Inc. (“West River”), the West River Sailing Club, Inc., and nineteen individuals, all but one of whom were Galesville residents.1

But the central figure in this dispute is neither an appellant nor an appellee, nor was he a party to or even a participant in any of the proceedings below. His name is Charles N. Bassford, and it was his connection to this liquor license and to other liquor licenses issued to two other County restaurants he reputedly owns, which led the circuit court to reverse the decision of the county liquor board and deny appellants a liquor license in the belief that to do otherwise would violate Art. 2B, Md. Ann.Code, § 9-301. That subsection prohibits [703]*703the same person or entity from owning an interest in two or more liquor licenses in Anne Arundel County.

From the circuit court’s decision, appellants noted this appeal, presenting two issues for review. As stated in appellants’ brief, they are:

I. Whether the lower court erred by substituting its judgment for that of the liquor board, holding that there was no substantial evidence to support the liquor board’s finding that issuance of a license to Woodfields complied with the provisions of Article 2B, Md. Ann. Code § 10-202(a)(2).
II. Whether the lower court erred by failing to rule on the liquor board’s decision within 90 days as required by Art. 2B, Md. Ann.Code, § 16-101(e)(3).

For the reasons that follow, we shall affirm the judgment of the circuit court.

BACKGROUND

William R. Woodfield, Jr. applied to the County Board of License Commissioners (the “Board”), on behalf of Superior Woodfields, LLC,2 for a Class B beer, wine, liquor, Sunday, and music liquor license.3 The license was for a new crab and seafood restaurant to be located in Galesville, Maryland. The application indicated that the land upon which the restaurant was to be located was owned by 3809 Crain Limited Partnership (“3809 Crain”), whose president was Charles N. Bassford.

[704]*704On April 8, 2003, the Board held a public hearing on Woodfíeld’s application. At that hearing, Woodfield and others testified on behalf of the application. The other witnesses were a registered landscape architect, a real estate appraiser, a certified land planner and land use consultant, Woodfield’s first cousin, and “customer of all three (3) restaurants in Galesville.... ” Given the narrowness of the issues before us, however, their testimony is largely irrelevant and does not bear recounting. Woodfield’s, on the other hand, does.

Woodfield confirmed that the restaurant was to be located on land owned by 3809 Crain, that the land would be rented by Annapolis Produce & Restaurant Supply, Inc., (“Annapolis Produce”) from 3809 Crain, and that Annapolis Produce would operate the restaurant. The liquor license, however, was to be managed by Superior Woodfields, pursuant to an agreement with Annapolis Produce. He further stated that, although he currently worked for Annapolis Produce as the assistant manager of the seafood section, when the restaurant opened, he would participate in the management of the restaurant, concentrating on the seafood part of the operation.

After appellants finished presenting their case for the license, appellees testified as to the problems that the proposed restaurant with a liquor license would cause. They expressed concern about such things as increased boating and automobile traffic, light and noise pollution, and intoxicated restaurant patrons, and they questioned the public need for another restaurant with a liquor license in Galesville. But their testimony, like the testimony presented by appellees, is irrelevant to the issue before us: the interest Mr. Bassford purportedly had in this and other county liquor licenses.

Jim Rogers was one of a number of witnesses presented by appellees who addressed this question. He not only questioned Woodfield’s control over the liquor license at issue but claimed that the “real applicant here is Mr. Bassford.” In support of that claim, he introduced the articles of organization for Superior Woodfields, noting that they were prepared and witnessed by Alan Hyatt, who had previously represented [705]*7058809 Crain, Mr. Bassford’s company, in connection with the purchase of several pieces of property.

The introduction of the articles prompted the Board to make the following inquiry:

Board: Who is your lawyer, Mr. Woodfield?
Woodfield: My lawyer is sitting right beside me, Mr. Delavan.
Board: Did you ever have any huh, without going into the nature of the discussion, did you ever consult with Alan Hyatt concerning ...
Woodfield: I have never met Alan Hyatt at all.
Board: All ...
Woodfield: Unless I passed him in traffic, I have never met him.
Board: Did you ever pay him a retainer?
Woodfield: No sir.

Rogers further testified that, at a community meeting at which Bassford and Woodfield were present to discuss the proposed restaurant, “[w]e asked [Bassford] [what is your financial interest in the liquor license] Mr. Chairman and he did not want to answer.” The Board then asked:

Board: [Woodfield,] [w]hat’s Mr. Bassford’s involvement if any in this license.
Woodfield: Mr. Bassford owns the property, the owner of the business is the Annapolis Produce, I work for Annapolis Produce....
Board: Okay, so what’s Mr. Bassford’s financial interest in this license?
Woodfield: None.
Board: Mr. Woodfield is that your testimony under oath?
Woodfield: Yes. To the best of my knowledge none in that area____

After noting that Woodfield works for Annapolis Produce, Rogers stated, “I believe Mr. Bassford owns Annapolis Pro[706]*706duce.” The Board then asked Woodfield’s counsel if he knew who owned Annapolis Produce. He responded:

I do not know who owns Annapolis Produce, I do believe that Mr. Bassford is a principal in that corporate entity, I have no idea what percentage small or large he may own. I think it is common knowledge although I have no personal knowledge, it is common knowledge that he is a principal in that corporate entity, if in fact it’s a corporation, and I don’t even know that.

When Rodgers attempted, however, to introduce a Dun & Bradstreet business report, confirming that Bassford was the president of Annapolis Produce, the Board rejected the report on relevancy grounds.

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Woodfield v. WEST RIVER IMPROVEMENT ASSOC., 886 A.2d 944, 165 Md. App. 700, 2005 Md. App. LEXIS 312 (Md. Ct. App. 2005).

886 A.2d 944 (Woodfield v. WEST RIVER IMPROVEMENT ASSOC.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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