GRAND UNION CO. v. SILLS


81 N.J. Super. 65 (1963)

194 A.2d 591

THE GRAND UNION COMPANY, A DELAWARE CORPORATION, HOME LIQUORS, A NEW JERSEY CORPORATION, PACKARD-BAMBERGER & CO., INC., A NEW JERSEY CORPORATION, VORNADO, INC., A KANSAS CORPORATION, CHICKEN BARN, INC., A NEW JERSEY CORPORATION, HERMAN SZOKOLAR, MAURICE WILLNER AND HERBERT HUBSCHMAN, PLAINTIFFS, v. ARTHUR J. SILLS, ATTORNEY GENERAL OF NEW JERSEY, WILLIAM HOWE DAVIS, DIRECTOR OF THE DIVISION OF ALCOHOLIC BEVERAGE CONTROL OF NEW JERSEY, HERMAN ADES AND ABE STERN, T/A WAVERLY LIQUORS; LOUIS AND ANNE KANDEL, T/A CROWN WINE & LIQUOR CO.; IRVING LIPTON, T/A LIPTON'S WINES AND LIQUORS; PHILIP SOSNI, T/A HADDON LIQUOR STORE, INC., JOSEPH KELLEY, T/A JAYKAY LIQUOR; AND SOUTH JERSEY RETAIL LIQUOR STORES ASS'N., DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 28, 1963.


Attorney(s) appearing for the Case

Messrs. Meyner & Wiley, attorneys for plaintiffs (Mr. Stephen B. Wiley, of counsel; Mr. C. Douglas Hofe, Jr., on the brief).

Mr. Arthur J. Sills, Attorney General pro se, and attorney for defendant William Howe Davis, Director of the Division of Alcoholic Beverage Control of New Jersey (Mr. David J. Goldberg, of counsel).

Messrs. Shanley & Fisher, attorneys for defendants Herman Ades et al. (Mr. Samuel Moskowitz, of counsel; Mr. John Kandravy, on the brief).

Messrs. Richman, Berry & Ferren, attorneys for defendants Philip Sosni et al. (Mr. Grover C. Richman, Jr., of counsel; Mr. Robert W. Page, on the brief).


LYONS, J.C.C. (temporarily assigned).

This is an action in lieu of prerogative writs. Plaintiffs, holders of retail liquor licenses or having interests therein, seek a declaratory judgment that chapter 152 of the Laws of 1962, N.J.S.A. 33:1-12.31 et seq., is unconstitutional. The original defendants, the Attorney General of New Jersey and the Director of Alcoholic Beverage Control, have been...

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