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SEIP v. MAYOR, ETC., OF FRENCHTOWN

79 N.J. Super. 521 (1963)

192 A.2d 184

LORETTA S. SEIP, EDWARD HANNA AND JULIA HANNA, APPELLANTS, v. MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF FRENCHTOWN, RICHARD T. HUGHES, AND DIVISION OF ALCOHOLIC BEVERAGE CONTROL, DEPARTMENT OF LAW AND PUBLIC SAFETY, STATE OF NEW JERSEY, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided June 25, 1963.

Attorney(s) appearing for the Case

Mr. John Dale Seip argued the cause for appellants.

Mr. Cowles W. Herr argued the cause for respondent Borough of Frenchtown (Messrs. Herr and Fisher, attorneys; Mr. Herr, of counsel).

Mr. William R. Stem argued the cause for respondent Richard T. Hughes.

Mr. Herbert S. Alterman, Deputy Attorney General, argued the cause for respondent Division of Alcoholic Beverage Control (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney; Mr. Alterman of counsel).

Before Judges PRICE, SULLIVAN and LEWIS.

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

Prior to 1962 the Borough of Frenchtown had never issued a plenary retail distribution license. On October 5 of that year the Division of Alcoholic Beverage Control affirmed the action of the mayor and council of said borough in granting such a license to respondent Richard T. Hughes. Appellants Loretta S. Seip (local resident, owner of the National Hotel and the...

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