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SMITH v. BOSCO

66 N.J. Super. 165 (1961)

168 A.2d 657

MARIE AGNES SMITH, T/A SMITTY'S TAVERN, APPELLANT, v. JOHN BOSCO AND PATSY BOSCO, JERSEY CITY TAVERN OWNERS ASSOCIATION AND MUNICIPAL BOARD OF ALCOHOLIC BEVERAGE CONTROL OF THE CITY OF JERSEY CITY, AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 9, 1961.

Attorney(s) appearing for the Case

Mr. John J. Corcoran, Jr. argued the cause for appellant.

Mr. James F. McGovern, Jr. argued the cause for respondents, John Bosco and Patsy Bosco and Jersey City Tavern Owners Association.

Before Judges CONFORD, FREUND and KILKENNY.

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

This appeal raises the issue of whether economic hardship, brought about by inability to operate the licensed premises profitably, is a legally sufficient basis for permitting transfer of a plenary retail consumption license under a Jersey City ordinance limiting such permission, if involving transfer to within 750 feet of other licensed premises, to cases where the licensee "shall be compelled to vacate for...

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