N.J. RETAIL LIQUOR STORES ASS'N v. DEGNAN


180 N.J. Super. 475 (1981)

435 A.2d 842

NEW JERSEY RETAIL LIQUOR STORES ASSOCIATION, PLAINTIFF-APPELLANT, v. JOHN J. DEGNAN, ATTORNEY GENERAL OF NEW JERSEY, JOSEPH H. LERNER, DIRECTOR, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL AND DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEFENDANTS-RESPONDENTS, AND OVERPECK LIQUORS, INC., INTERVENOR-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1981.


Attorney(s) appearing for the Case

Michael J. Herbert argued the cause for appellant (Sterns, Herbert & Weinroth, attorneys).

Kenneth I. Nowak, Deputy Attorney General, argued the cause for respondents (John J. Degnan, former Attorney General of New Jersey and James R. Zazzali, Attorney General of New Jersey, attorneys; Stephen Skillman, Assistant Attorney General, of counsel).

David S. Piltzer argued the cause for intervener-respondent (Piltzer & Piltzer, attorneys).

Before Judges BOTTER and KING.


The opinion of the court was delivered by KING, J.A.D.

This action, brought by a trade association of about 800 independently-owned retail liquor dealers, attacks the validity of a regulation of the Division of Alcoholic Beverage Control of the Department of Law and Public Safety which allows cooperative retail price advertising. Overpeck Liquors, Inc., was permitted to intervene in support of the regulation.

The regulation, effective July 3, 1980, states...

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