01-2-9118 Naicken Inc. v. Governing Body of City of Plainfield, App. Div. (per curiam) (10 pp.) Appellant Naicken appealed from the director of the Division of Alcoholic Beverage Control’s final administrative decision, adopting the findings of fact and conclusions of law of an ALJ, upholding Plainfield’s governing body’s denial of Naicken’s renewal of a plenary retail distribution license for the 2013-2014 license term. The ALJ found that the testimony of Naicken’s witnesses was not credible, and that of a Plainfield detective—who testified regarding the criminal activity at the location—was credible; that appellant had violated all of the conditions placed by the municipal council on the renewal of the 2011-2012 license term; and that plaintiff had not shown by a preponderance of the evidence that defendant had abused its discretion in denying the liquor license request. The panel affirmed, finding that the ABC director’s decision was supported by sufficient credible evidence.
01-2-9136 State v. Mill Village Apts., App. Div. (per curiam) (10 pp.) Defendant, an apartment complex consisting of 201 units in Millville, argued that the city of Millville exceeded the authority granted to it by the legislature in enacting Millville Municipal Code Ordinances §§11-73 and 11-76, which require annual registration and inspection of rental units, respectively. This challenge was not originated by an action in lieu of prerogative writs but, rather, by way of defendant’s appeal from its conviction for violating §11-73. After the denial of defendant’s motion to dismiss the complaint on the ground that the ordinances were invalid, defendant pleaded guilty. The record did not show defendant’s compliance with the required procedure for a conditional plea or that any of these exceptions apply to warrant consideration of defendant’s challenge to the ordinances. Even ignoring defendant’s failure to preserve its challenge to the ordinances for appeal, the appellate panel found that defendant’s arguments lacked merit. N.J.S.A. 40:48-2 authorized the enactment of Millville’s registration and inspection ordinances. The fees here were imposed for functions related to the city’s exercise of regulatory power that was authorized by statute.
