FANWOOD v. ROCCO


59 N.J. Super. 306 (1960)

157 A.2d 712

BOROUGH OF FANWOOD, A MUNICIPAL CORPORATION, APPELLANT, v. ANTONIO ROCCO AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 26, 1960.


Attorney(s) appearing for the Case

Mr. Max L. Rosenstein argued the cause for the appellant (Mr. William M. Beard, attorney).

Mr. Samuel B. Helfand, Deputy Attorney General, argued the cause for the Division of Alcoholic Beverage Control (Mr. David D. Furman, Attorney General, attorney).

Mr. George F. Hetfield argued the cause for the respondent Antonio Rocco (Messrs. Hetfield and Hetfield, attorneys).

Before Judges PRICE, GAULKIN and SULLIVAN.


The opinion of the court was delivered by GAULKIN, J.A.D.

The Borough Council of Fanwood unanimously denied Antonio Rocco's application for a place to place transfer of his plenary retail distribution ("package store") license. Rocco appealed to the Director of the Division of Alcoholic Beverage Control who reversed and ordered the granting of the transfer. Fanwood appeals.

Fanwood is a residential community whose boundaries form a rectangle roughly a mile...

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