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CIRCUS LIQUORS, INC. v. GOVERNING BODY OF MIDDLETOWN TOWNSHIP

941 A.2d 616 (2008)

398 N.J. Super. 220

CIRCUS LIQUORS, INC., Petitioner-Respondent, v. GOVERNING BODY OF MIDDLETOWN TOWNSHIP, Respondent-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 2008.

Attorney(s) appearing for the Case

Bernard M. Reilly, Red Bank, argued the cause for appellant (Dowd & Reilly, attorneys; Mr. Reilly, on the brief).

Larry S. Loigman Middletown, argued the cause for respondent Circus Liquors, Inc.

Richard D. Nasca, Deputy Attorney General, argued the cause for respondent Division of Alcoholic Beverage Control (Anne Milgram, Attorney General, attorney: Lorinda Lasus, Deputy Attorney General, of counsel; Mr. Nasca, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider whether the Director of the Division of Alcoholic Beverage Control was authorized to allow the holders of a third liquor license—possessed in violation of the two-license limitation contained in N.J.S.A. 33:1-12.31—to retain the third license long enough to transfer it. We conclude that, in the circumstances presented, the Director mistakenly failed to...

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