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

A-25/53 September Term 2008

970 A.2d 347 (2009)

199 N.J. 1

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

Supreme Court of New Jersey.

Decided May 6, 2009.

Attorney(s) appearing for the Case

Lorinda Lasus, Deputy Attorney General, argued the cause for appellant Division of Alcoholic Beverage Control (Anne Milgram, Attorney General of New Jersey, attorney).

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

Bernard M. Reilly, Red Bank, argued the cause for respondent.

Justice LaVECCHIA delivered the opinion of the Court.

N.J.S.A. 33:1-12.31 prohibits persons from holding a beneficial interest in more than two retail alcoholic beverage licenses in New Jersey. The question before us is whether the Director of the Division of Alcoholic Beverage Control (Director) exceeded his authority by applying the remedy of divestiture — that is, allowing sale of the license to an unrelated bona fide purchaser — when enforcing...

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