Powersports

Synopsis: Pursuant to N.J.S.A 56:10-16 et seq, petitioner filed a petition of protest with the Motor Vehicle Franchise Committee over respondent's establishment of a competing motorcycle dealership within its area of service. The administrative law judge found that there were several motorcycle dealerships surrounding petitioner and that despite petitioner's excellent service and reputation its share of a steadily declining motorcycle business was dropping. The judge found that approximately 30 percent of petitioner's business was generated within a six mile radius of the proposed new dealership. In addition, petitioner's already pre- carious financial condition would be further damaged by the opening of a new dealership which would have at its disposal respondent's beneficial financing plan for new agencies. The judge noted that if petitioner did go out of business the customers whom it had served would be left without adequate service. The judge noted that pursuant to...