LYONS FARMS TAVERN v. MUN. BD. OF A.B.C.


68 N.J. 44 (1975)

342 A.2d 204

LYONS FARMS TAVERN, INC., PLAINTIFF-RESPONDENT, v. MUNICIPAL BOARD OF ALCOHOLIC BEVERAGE CONTROL OF THE CITY OF NEWARK, AND DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 10, 1975.


Attorney(s) appearing for the Case

Mr. David S. Piltzer, Deputy Attorney General, argued the cause for defendant-appellant Division of Alcoholic Beverage Control (Mr. George F. Kugler, Jr., and Mr. William F. Hyland, Attorneys General, attorneys; Mr. Piltzer on the brief).

Mr. John C. Pidgeon, Assistant Corporation Counsel, argued the cause for the defendant-appellant City of Newark (Mr. William H. Walls, Corporation Counsel, attorney; Mr. Salvatore Perillo, Assistant Corporation Counsel, on the brief).

Mr. Ladislas F. Feher argued the cause for the plaintiff-respondent.


The opinion of the Court was delivered by CLIFFORD, J.

We granted certification to the Appellate Division on the petition of the Municipal Board of Alcoholic Beverage Control of the City of Newark (hereinafter "Board"), 64 N.J. 155 (1973), to consider the two issues presented therein: (a) whether community sentiment can be considered by an issuing authority on an application for person-to-person transfer of a plenary retail consumption...

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