In re DETERMINATION BY DIRECTOR OF the DIVISION OF ALCOHOLIC BEVERAGE CONTROL THAT the XANADU REDEVELOPMENT PROJECT at the Continental Airlines Arena Site at the Meadowlands Sports Complex MEETS ALL JURISDICTIONAL REQUIREMENTS for the Issuance of Any Necessary Special Concessionaire Permits Pursuant to N.J.A.C. 13:2-5.2.
In re Advisory Opinion by the Office of the Attorney General, Department of Law and Public Safety.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued March 20, 2007.
Decided May 8, 2007.
Attorney(s) appearing for the Case
Paul F. Carvelli, Chatham, argued the cause for appellants New Jersey Restaurant Association and East Rutherford Restaurant (McCusker Anselmi Rosen Carvelli & Walsh, attorneys, Chatham; Arthur D. Grossman, West Orange, Robert J. Rohrberger, Roseland, and Anthony DiSalvo, Wayne, on the brief).
D. Mark Leonard, argued the cause for appellants Hartz Restaurant Associates (Horowitz, Rubino & Patton, attorneys; Irwin A. Horowitz and Allen J. Magrini, of counsel; Mr. Leonard, on the brief).
Lisa Hibner Tavani, Deputy Attorney General, argued the cause for respondent Division of Alcoholic Beverage Control (Stuart Rabner, Attorney General, attorney; Lorinda Lasus, Deputy Attorney General, of counsel; Ms. Tavani, on the brief).
Timothy J. O'Neill, Princeton, argued the cause for respondent New Jersey Sports & Exposition Authority (Windels Marx Lane & Mittendorf, attorneys; Mr. O'Neill, of counsel; Charles M. Fisher and Sandy L. Galacio, Jr., on the brief).
Michael R. Cole, Teaneck, argued the cause for respondents The Mills Corporation and Mack-Cali Realty Corp. (DeCotiis, Fitzpatrick, Cole & Wisler, attorneys; Mr. Cole and William Harla, of counsel; Benjamin Clarke and Thomas A. Abbate, on the brief).
Before Judges KESTIN, GRAVES and LIHOTZ.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by
KESTIN, P.J.A.D.
On June 23, 2005, the Director of the Division of Alcoholic Beverage Control (ABC or the Division) issued an "advisory opinion" at the request of the Meadowlands Mills/Mack-Cali Limited Partnership (requestor), described as "the master developer" of a tract "within the Meadowlands Sports Complex pursuant to a redevelopment agreement with the New Jersey Sports and Exposition Authority" (NJSEA) engaged...
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