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TOZZI'S TAVERN, INC. v. PLAINFIELD COMMON COUNCIL

65 N.J. Super. 286 (1961)

167 A.2d 646

TOZZI'S TAVERN, INC., A NEW JERSEY CORPORATION AND FRANK R. TOZZI, ET AL., APPELLANTS, v. COMMON COUNCIL OF THE CITY OF PLAINFIELD, MADISON LIQUORS, INC., ETC., ET AL., RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided January 27, 1961.

Attorney(s) appearing for the Case

Mr. Charles S. Joelson argued the cause for appellants (Messrs. Joelson & Freundlich, attorneys).

Mr. H. Kermit Green argued the cause for respondent Madison Liquors, Inc. (Messrs. Green & Yanoff, attorneys).

Mr. Edward Sachar argued the cause for respondent Common Council of the City of Plainfield (Messrs. Sachar, Sachar & Bernstein, attorneys).

Before Judges PRICE, GAULKIN and SULLIVAN.

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

Appellants (hereafter collectively called Tozzi) appeal from a decision of the Division of Alcoholic Beverage Control (ABC) which upheld the action of the Common Council of Plainfield granting the application of Madison Liquors, Inc. to transfer its package store liquor license to a new location.

The essential factual basis for the appeal is that on December 7, 1959 an identical application by Madison...

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