MANNO v. CITY OF CLIFTON


14 N.J. Super. 100 (1951)

81 A.2d 368

CHRISTINE MANNO AND CLARIBEL ELFREY, TRADING AS EL ZEBRA, PLAINTIFFS-APPELLANTS, v. CITY OF CLIFTON AND WILLIAM A. MILLER, MUNICIPAL MANGER OF THE CITY OF CLIFTON, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 25, 1951.


Attorney(s) appearing for the Case

Mr. Samuel Heller argued the cause for the plaintiffs-appellants (Mr. William R. Brogan, of counsel).

Mr. John G. Dluhy argued the cause for the defendants-respondents.

Before Judges FREUND, DONGES and PROCTOR.


The opinion of the court was delivered by FREUND, J.S.C.

The plaintiffs were charged with violation of the provisions of R.S. 33:1-77 and Rule No. 1 of State Regulations No. 20 of the Division of Alcoholic Beverage Control. A hearing on the charges was held by the municipal council of the City of Clifton, consisting of seven members, five of whom were present at the hearing. By a vote of three to two, the quorum of the municipal council found the plaintiffs...

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