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SHOP-RITE OF HUNTERDON CTY. v. TP. COMM. RARITAN

131 N.J. Super. 428 (1974)

330 A.2d 378

SHOP-RITE OF HUNTERDON COUNTY, INC., PLAINTIFF-APPELLANT, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF RARITAN, COUNTY OF HUNTERDON, NEW JERSEY, AND ROBERT A. YARD, DEFENDANTS-RESPONDENTS. SHOP-RITE OF HUNTERDON COUNTY, INC., PLAINTIFF-RESPONDENT, v. TOWNSHIP COMMITTEE OF THE TOWNSHIP OF RARITAN, COUNTY OF HUNTERDON, NEW JERSEY, AND ROBERT A. YARD, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided December 9, 1974.

Attorney(s) appearing for the Case

Mr. Lee B. Roth argued the cause for plaintiff Shop-Rite of Hunterdon County, Inc. (Mr. Daniel E. Knee on the brief).

Mr. Richard G. Jefferson argued the cause for defendant Township Committee of the Township of Raritan, County of Hunterdon, New Jersey (Messrs. Jefferson, Jefferson & Vaida, attorneys).

Mr. Edmund H. Bernhard argued the cause for defendant Robert A. Yard (Messrs. Herr & Fisher, attorneys).

Mr. William F. Hyland, Attorney General of New Jersey, filed a statement in lieu of brief on behalf of Division of Alcoholic Beverage Control (Mr. David S. Piltzer, Deputy Attorney General, of counsel).

Before Judges LEONARD, SEIDMAN and BISCHOFF.

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

These two consolidated appeals present procedural questions arising out of plaintiff Shop Rite's unsuccessful application for a plenary retail distribution license.

Defendant Township of Raritan, Hunterdon County (hereafter township), by ordinance passed June 26, 1972, authorized the issuance of one plenary retail distribution license. Approximately 20 applications were received for this one license...

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