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HOOPER v. DEL. ALCOHOLIC BEVERAGE CONTROL COM'N

409 A.2d 1046 (1979)

Elizabeth G. HOOPER, t/a The Corner Cupboard Inn, Plaintiff, Appellant, v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION et al., Defendants, Appellees.

Supreme Court of Delaware.

Decided November 20, 1979.

Attorney(s) appearing for the Case

Howard M. Handelman and Robert D. Graham, of Bayard, Brill & Handelman, P. A., Wilmington, for plaintiff-appellant.

David H. Williams, of Morris, James, Hitchens & Williams, Wilmington, for certain protestant-appellees.

John E. Messick, of Tunnell & Raysor, Georgetown, for defendant-appellee the City of Rehoboth Beach.

Before DUFFY and QUILLEN, JJ., and BROWN, Vice Chancellor.

DUFFY, Justice:

This appeal presents for review a Superior Court order entered in consolidated cases involving a mandamus action and proceedings before the Delaware Alcoholic Beverage Control Commission. We affirm so much of the order as directs that the license, which is the subject of all cases, shall not issue.

I

The facts are these:

The Corner Cupboard Inn ("Inn") has been operated as a restaurant...

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