ESSEX CTY. RETAIL v. CITY OF NEWARK, ETC.


77 N.J. Super. 70 (1962)

185 A.2d 404

ESSEX COUNTY RETAIL LIQUOR STORES ASSOCIATION, APPELLANT, v. MUNICIPAL BOARD OF ALCOHOLIC BEVERAGE CONTROL OF THE CITY OF NEWARK, BARTLETT M. SMITH, TRADING AS MULDOON LIQUORS, AND HOME LIQUORS INCORPORATED OF NEW JERSEY AND WILLIAM HOWE DAVIS, DIRECTOR, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1962.


Attorney(s) appearing for the Case

Mr. Leonard Brass argued the cause for appellant (Messrs. Brass and Brass, attorneys).

Mr. Richard L. Amster argued the cause for respondent, Bartlett M. Smith.

Mr. Abe W. Wasserman argued the cause for respondent, Home Liquors, Inc.

Mr. Herbert S. Alterman, Deputy Attorney General, argued the cause for respondent, William Howe Davis, Director of Division of Alcoholic Beverage Control (Mr. Arthur J. Sills, Attorney General, attorney).

Before Judges GOLDMANN, FREUND and FOLEY.


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

Plaintiff appeals from a determination of the Division of Alcoholic Beverage Control (Division) affirming two transfer orders issued by the Board of Alcoholic Beverage Control of the City of Newark (Board).

Bartlett M. Smith was the holder of a retail consumption license for premises located at 776 South Orange Avenue, Newark. On July 6, 1961 he filed an application to transfer this license to 773 South...

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