Appellate Division upholds liquor referendum ruling
Just several days after Judge Ronald Bookbinder ruled in favor of Pennsylvania Real Estate Investment Trust and Moorestown Township for the liquor license referendums to remain on the ballot in the November general elections, an Appellate Division upheld the judge’s decision.
William Cox, a Moorestown resident and lawyer, filed an emergent motion to expedite the appeal on Friday, Oct. 14, directly after Bookbinder’s ruling. The Appellate Division granted that request on Monday, Oct. 17.
Today, the division upheld Bookbinder’s decision and will allow the referendums to appear on the ballot.
Cox submitted a lawsuit claiming that PREIT did not wait the necessary five years to resubmit a referendum question to be placed on the ballot. In 2007 Moorestown voters roundly defeated a question that would have allowed liquor licenses to be sold in the township for restaurants to sell liquor.
Bookbinder ruled in favor of the defendants, citing that the 2011 referendum questions on the ballot are consistent with previous decisions put forth by the Legislature and Appellate Divisions. Bookbinder said that if he ruled otherwise, he would be overruling the Legislature and Appellate Division, which include former Gov. Alfred E. Driscoll.
After the friday ruling, Moorestown Township Solicitor Tom Coleman said the decision was in line with the township’s decision to place the referendum questions on the November ballot.
“The questions will move forward and be decided by township voters, rather than just one resident,” Coleman said.