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PRICES CORNER v. ALCOHOLIC BEV. CONTROL

No. 497, 1995.

705 A.2d 571 (1998)

PRICES CORNER LIQUORS, INC., Plaintiff Below, Appellant, v. DELAWARE ALCOHOLIC BEVERAGE CONTROL COMMISSION, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: January 22, 1998.

Attorney(s) appearing for the Case

Donna L. Schoenbeck (argued), and Janell S. Ostroski, of Schoenbeck & Schoenbeck, P.A., Wilmington, for Appellant.

Lawrence W. Lewis and C. Drue Chichi, Deputy Attorneys General, Wilmington, for Appellee.

Before VEASEY, C.J., WALSH, HOLLAND and HARTNETT, JJ., and JACOBS, Vice Chancellor, constituting the Court en Banc.

VEASEY, Chief Justice:

This case presents for review the issue of whether or not a provision of the Liquor Control Act (the "Act") is unconstitutional. For purposes of establishing minimum separation requirements for liquor store locations, that provision makes a significant distinction between stores located in municipalities and those located outside incorporated cities and towns. A statute may be unconstitutional if it differentiates without a rational basis for...

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