MAYOR & COUNCIL, BOR. OF TOTOWA v. CHICKEN BARN


41 N.J. Super. 459 (1956)

125 A.2d 408

THE MAYOR & COUNCIL OF THE BOROUGH OF TOTOWA, APPELLANT, v. CHICKEN BARN, INC., RESPONDENT, AND STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided September 21, 1956.


Attorney(s) appearing for the Case

Mr. Howard Stern argued the cause for the appellant (Messrs. Boyle & Boyle, attorneys).

Mr. Saul Tischler argued the cause for the respondent, Chicken Barn, Inc. (Mr. Howard I. Schlesinger, attorney).

Mr. Samuel B. Helfand argued the cause for the respondent State of New Jersey, Division of Alcoholic Beverage Control (Mr. Grover C. Richman, Jr., Attorney-General of New Jersey, attorney).

Before Judges GOLDMANN, FREUND and CONFORD.


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

The respondent, Chicken Barn, Inc., is the holder of a plenary retail consumption license issued to it by the appellant for its premises in Totowa, New Jersey. The licensed premises has been operated as a restaurant and bar for more than 20 years, with accommodations for 350 table guests and facilities for the display and sale of packaged liquor. In 1955 the respondent had plans drawn to enlarge the premises...

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