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KELLEY v. DEL. ALCOHOLIC BEV. CONTROL COM'R

423 A.2d 507 (1980)

Robert M. KELLEY, Jr., Plaintiff, v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION and Michael Cebrick, in his official capacity as Temporary Chairman of the Delaware Alcoholic Beverage Control Commission, Defendants.

Superior Court of Delaware, New Castle County.

Decided July 29, 1980.

Attorney(s) appearing for the Case

Gary A. Bryde (argued), of Wilson & Whittington, Wilmington, for plaintiff.

Robert W. Willard (argued), Deputy Atty. Gen., Dept. of Justice, Wilmington, for defendants.

O'HARA, Judge.

Plaintiff seeks a writ of mandamus to compel the Delaware Alcoholic Beverage Control Commission ("Commission") to consider his application for a license to sell alcoholic beverages in a retail establishment for off-premises consumption and to grant him a hearing in connection therewith.

Plaintiff was nearing completion of his license application on May 29, 1980 when the Commission declared a moratorium...

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