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CASICO v. CITY OF MANCHESTER

No. 96-007.

142 N.H. 312 (1997)

CASICO, INC. v. CITY OF MANCHESTER

Supreme Court of New Hampshire.

September 26, 1997.

Attorney(s) appearing for the Case

Upshall, Cooper & Temple, P.A., of Concord (Frederick E. Upshall, Jr. on the brief and orally), for the plaintiff.

Thomas I. Arnold, III, assistant city solicitor, by brief and orally, for the defendant.

Steven M. Houran, acting attorney general (Martha A. Moore, assistant attorney general, on the brief, and Douglas N. Jones, assistant attorney general, orally), for the State, as amicus curiae.

Hall, Hess, Kenison, Stewart, Murphy & Keefe, P.A., of Manchester (Kathryn B. Johnston on the brief), for the Neighborhood Concerns Committee, as amicus curiae.

HORTON, J.

In this declaratory judgment action, the Superior Court (Conboy, J.) ruled that the State statutory scheme governing the sale and distribution of alcoholic beverages, see RSA chs. 175-180 (1994 & Supp. 1996) (amended 1997), preempts an ordinance of the defendant, City of Manchester (city). The ordinance requires a city-issued license, independent of the license required by the State, for certain on-premises sales of alcoholic beverages...

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