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DEL. ALCOHOLIC BEV. v. ALFRED I. duPONT SCH.

385 A.2d 1123 (1978)

DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION, Samuel R. Volzone and Lena Volzone, Appellants, v. ALFRED I. duPONT SCHOOL DISTRICT, by Gilbert S. Scarborough, Jr., Augustus W. Graham, Catherine S. Anderson, Donald R. Baer, Cedric E. Marsh, members of the Board of Education of Alfred I. DuPont School District, Franklin H. Burns, Luigi D'Andreamatto, Fletcher M. Condit, Irvin J. Ross, Mildred Kopcho, William L. Ross, William C. Medley, and Joseph C. Grear, Josephine Rosaio, William J. Watkins, Mary Gicker, James W. Stanley, Hanna Chandler, Pauline Nelms, (now Krebo), Appellees.

Supreme Court of Delaware.

Decided March 17, 1978.

Attorney(s) appearing for the Case

Wheeler K. Neff, Deputy Atty. Gen., Wilmington, for appellant, Delaware Alcoholic Beverage Control Commission.

Harvey B. Rubenstein and Michael A. Poppiti, Wilmington, for appellants, Samuel and Lena Volzone.

William Poole and Daniel F. Wolcott, Jr., of Potter, Anderson & Corroon, Wilmington, and Thomas Herlihy, III, of Herlihy & Herlihy, Wilmington, for appellees.

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

HERRMANN, Chief Justice (for the majority of the Court):

This is an appeal from a decision of the Superior Court reversing the Delaware Alcoholic Beverage Control Commission's (hereinafter the "Commission") issuance of a license to operate a package liquor store.

The application was for premises located on Naamans Road near Wilmington. The premises are within 400 feet of the entrance of Concord High School and within...

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