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PACKARD-BAMBERGER ETC. v. BOR. COUNCIL OF OAKLAND

87 N.J. Super. 92 (1965)

208 A.2d 168

PACKARD-BAMBERGER & CO., INC., APPELLANT, v. BOROUGH COUNCIL OF THE BOROUGH OF OAKLAND AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, RESPONDENTS, AND HOWARD KAHN, T/A OAKLAND WINE AND LIQUOR STORE, AND HUDSON-BERGEN COUNTY RETAIL LIQUOR STORES ASSOCIATION, A NEW JERSEY CORP. NOT FOR PECUNIARY PROFIT, INTERVENING OBJECTORS.

Superior Court of New Jersey, Appellate Division.

Decided March 15, 1965.

Attorney(s) appearing for the Case

Mr. Daniel Amster argued the cause for appellant.

Mr. Burrell Ives Humphreys argued the cause for respondent Borough Council of the Borough of Oakland (Mr. Nathan Bernstein, attorney).

Mr. Samuel J. Davidson argued the cause for intervening objectors (Mr. Samuel Moskowitz, attorney).

Mr. Samuel B. Helfand, Deputy Attorney General, argued the cause for respondent Division of Alcoholic Beverage Control (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges CONFORD, KILKENNY and LEWIS.

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

This is an appeal from the decision of the Director of the Division of Alcoholic Beverage Control affirming the denial by the Mayor and Council of the Borough of Oakland of an application for the transfer of an alcoholic beverage license. The denial was based upon the prohibition by N.J.S.A. 33:1-12.31 to 12.37 (L. 1962, c. 152) of the acquisition by any person of a "beneficial interest...

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