HICKEY v. DIVISION OF ALCOHOLIC BEVERAGE CONTROL


31 N.J. Super. 114 (1954)

105 A.2d 872

GORDON HICKEY AND DANIEL HICKEY, TRADING AS ALPINE CASTLE, APPELLANTS, v. DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY OF NEW JERSEY, AND MAYOR AND COUNCIL OF BOROUGH OF ALPINE, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 8, 1954.


Attorney(s) appearing for the Case

Mr. Leo Rosenblum argued the cause for appellants.

Mr. Samuel B. Helfand, Deputy Attorney-General, argued the cause for Division of Alcoholic Beverage Control (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey).

Mr. C. Conrad Schneider argued the cause for Mayor and Council of Borough of Alpine (Messrs. Schneider & Schneider, attorneys).

Before Judges JAYNE, STANTON and HALL.


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

The following statement of the Deputy Attorney-General is concisely expressive of the posture of the present appeal:

"Conceivably, if the members of this Court had been initially confronted with the decision herein, they might have voted to grant the application. However, it is axiomatic that the scope of appellate review has no such breadth as would permit the judiciary to substitute its judgment in...

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