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BLANCK v. MAYOR AND BOROUGH COUNCIL OF MAGNOLIA

73 N.J. Super. 306 (1962)

179 A.2d 765

HORACE W. BLANCK AND ANGELINE V. BLANCK, TRADING AS BLANCK'S LIQUOR STORE, AND THE SOUTH JERSEY RETAIL LIQUOR STORES ASSOCIATION, APPELLANTS, v. MAYOR AND BOROUGH COUNCIL OF MAGNOLIA, HARRY R. D'AMICO AND CATHERINE D'AMICO, TRADING AS D'AMICO LIQUOR STORE AND DIRECTOR OF DIVISION OF ALCOHOLIC BEVERAGE CONTROL, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1962.

Attorney(s) appearing for the Case

Mr. Grover C. Richman, Jr., argued the cause for appellants (Messrs. Richman and Berry, attorneys).

Mr. Norman Heine argued the cause for respondents Harry R. D'Amico and Catherine D'Amico, trading as D'Amico Liquor Store.

Mr. Samuel B. Helfand, Deputy Attorney General, argued the cause for Division of Alcoholic Beverage Control (Mr. David D. Furman, Attorney General, attorney).

Before Judges PRICE, SULLIVAN and LEWIS.

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

This appeal grows out of the issuance of a plenary retail distribution liquor license by the Borough of Magnolia to Harry R. D'Amico and Catherine D'Amico for premises 200 South White Horse Pike, Magnolia, New Jersey.

In March 1940 the Borough of Magnolia adopted an ordinance limiting the number of liquor licenses within the borough to three plenary retail consumption licenses and one club license...

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