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BLANCK v. MAYOR AND BOROUGH COUNCIL OF MAGNOLIA

38 N.J. 484 (1962)

185 A.2d 862

HORACE W. BLANCK AND ANGELINE V. BLANCK, TRADING AS BLANCK'S LIQUOR STORE, AND THE SOUTH JERSEY RETAIL LIQUOR STORE ASSOCIATION, PETITIONERS-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-RESPONDENTS.

The Supreme Court of New Jersey.

Decided November 19, 1962.

Attorney(s) appearing for the Case

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

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

Mr. Herbert S. Alterman, Deputy Attorney General of New Jersey, filed "Statement In Lieu of Brief" for respondent, Director of Division of Alcoholic Beverage Control (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by SCHETTINO, J.

An appeal had been taken to the Director of the Division of Alcoholic Beverage Control to rescind the issuance of a license permitting plenary retail distribution of liquor in the Borough of Magnolia and to set aside, as invalid, a 1960 ordinance creating the license. From an order of the Director affirming the issuance of the license, petitioners appealed to the Appellate Division, which affirmed.

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