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SEVERSKY, INC. v. DELAWARE ALCOHOLIC BEV. CON. COM'N

338 A.2d 119 (1975)

SEVERSKY, INC., a corporation of the State of Delaware, Plaintiff Below, Appellant, v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION, an agency of the State of Delaware, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided April 24, 1975.

Attorney(s) appearing for the Case

Roy S. Shiels, of Brown, Shiels & Barros, Dover, for plaintiff below, appellant.

John O'Brien, Deputy Atty. Gen., Wilmington, for defendant below, appellee.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

DUFFY, Justice:

In this appeal the issue is whether local option against the sale of alcoholic beverages may be constitutionally exercised through a town ordinance. We conclude that it may not be.

I

The Delaware Alcoholic Beverage Control Commission denied plaintiff an off-premise license to sell alcoholic beverages in the Town of Fenwick Island. The only basis for denial was a local ordinance which provides...

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