RUTHERFORD LODGE NO. 547 v. HOCK


1 N.J. Super. 223 (1949)

63 A.2d 893

RUTHERFORD LODGE NO. 547 BENEVOLENT AND PROTECTIVE ORDER OF ELKS, RUTHERFORD POST NO. 109 AMERICAN LEGION AND REYNOLDS-EVERETT-SCHNEIDER POST NO. 227 VETERANS OF FOREIGN WARS, APPELLANTS, v. ERWIN B. HOCK, STATE COMMISSIONER OF ALCOHOLIC BEVERAGE CONTROL, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 10, 1949.


Attorney(s) appearing for the Case

Mr. Horace F. Banta argued the cause for the appellants (Edward G. Evertz, of counsel; Winne & Banta, attorneys).

Mr. Samuel B. Helfand, Deputy Attorney General, argued the cause for the respondent (Walter D. Van Riper, Attorney General, attorney).

Before Judges JACOBS, EASTWOOD and BIGELOW.


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

Appellants attack an asserted determination by the respondent (hereinafter referred to as "Commissioner"), and contend that it unlawfully terminated their club liquor licenses as of December 1, 1948, consequent upon the result of a referendum election participated in by the voters of the borough of Rutherford. The Commissioner contends that he merely gave an advisory opinion or interpretation of the legal...

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