A case that has been in litigation since 2011 received an opinion Wednesday, March 26 from the Maryland Court of Special Appeals. The suit was brought by Woodburn’s Beverage Inc. against the Board of License Commissioners for Calvert County (Calvert Liquor Board).

In June 2010, the owners of Woodburn’s, a food market in Solomons now closed, applied for and were granted a Class B beer and wine license. The following June the owners, “applied for a Class A beer and wine license,” court documents stated. “The premises described in the application was that of the Food Lion in Lusby. Thus, Woodburn’s sought a transfer of the proposed license to the Food Lion premises.”

The liquor board conducted a public hearing on the transfer request later that month.

“The principal issue before the board was whether the transfer to the Food Lion premises ran afoul of the chain store/supermarket law,” court documents stated. “Woodburn’s attorney observed that the closing was caused by ‘increased competition.’ ”

It was contended by Woodburn’s Beverage Inc.’s attorney that the store was not subject to the early 1960s law that prohibits Maryland chain stores/supermarkets from selling alcohol since the business was established and issued a license during the 1940s.

There was opposition voiced by the public at the June 2011 liquor board meeting, which was the final meeting for two long-time members.

Opponents, including the Calvert County Chamber of Commerce, contended that granting the location transfer would likely open the door for more grocery stores in Calvert to apply for liquor licenses.

Support for the transfer came from several Lusby residents who stated they would prefer to purchase beer and wine at a food store instead of a liquor store.

Thomas McKay of the Woodburn’s Beverage Inc. stated that transferring the license location and using the Woodburn’s name to sell beer and wine within the Lusby Food Lion would keep alive the memory of the original store and its founders—Edgar and Isabel Woodburn.

When two new board members came on board in July of that year, it was decided a decision on the Woodburn’s request needed to be delayed until the new members became more familiar with the case. At the August meeting, board member Beth Swoap made the motion to deny the transfer request. Swoap indicated that when the conversion of the class of license was made in 2010, the Woodburn’s license was made “subject to the general prohibitions contained within” the law that was passed in 1962. The board also declared the Lusby Food Lion met the criteria of a supermarket and/or chain store.<!–

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