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PRICE v. EXCISE BOARD OF TOWN OF MILLBURN

29 N.J. Super. 103 (1953)

101 A.2d 861

JAMES AND ALICE PRICE, TRADING AS MILLBURN INN, APPELLANTS, v. THE EXCISE BOARD OF THE TOWN OF MILLBURN, RESPONDENT, AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL IN THE DEPARTMENT OF LAW AND PUBLIC SAFETY, INTERVENING-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 1953.

Attorney(s) appearing for the Case

Mr. Paul N. Belmont argued the cause for appellants (Messrs. Van Riper & Belmont, attorneys).

Mr. Reynier J. Wortendyke, Jr., argued the cause for the respondent, The Excise Board of the Town of Millburn.

Mr. Samuel B. Helfand, Deputy Attorney-General, argued the cause for the intervening-respondent, Division of Alcoholic Beverage Control in the Department of Law and Public Safety (Theodore D. Parsons, Attorney-General).

Before Judges CLAPP, GOLDMANN and EWART.

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

This is an appeal from an order made June 12, 1953 by the Director of the Division of Alcoholic Beverage Control affirming the action of the Township Committee of the Township of Millburn, sitting as an excise board, in having denied appellants' application for a plenary retail consumption license for premises situate at No. 5 Old Short Hills Road in the Township of Millburn.

The premises for which the...

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