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Application of Edwin Fisher and Harry Szkolar

Decided: October 11, 1963.

APPLICATION OF EDWIN FISHER AND HARRY SZKOLAR, APPLICANTS FOR AN ORDER ADJUDICATING CHAPTER 152 OF THE LAWS OF 1962 TO BE NULL AND VOID IN ACCORDANCE WITH REVISED STATUTES OF NEW JERSEY 1:7-4 AS AMENDED


Gaulkin, Lewis and Labrecque. The opinion of the court was delivered by Gaulkin, J.A.D.

Gaulkin

[80 NJSuper Page 524] Fisher and Szkolar (hereafter the applicants) filed an "Application" to this court, pursuant to N.J.S.A. 1:7-1 et seq. , to have chapter 152 of the Laws of 1962, N.J.S.A. 33:1-12.31 et seq. , adjudged void, alleging that it had not been passed in accordance with our Constitution and statutes. After the filing of the application, applicants moved, on September 9, to have determined the procedure to bring the matter on for hearing. Cf. In re McGlynn , 58 N.J. Super. 1, 6 (App. Div. 1959). On that date the Attorney General appeared to defend the law, and leave to intervene was granted, pursuant to N.J.S.A. 1:7-5, to Waverly Liquors, Crown Wine & Liquor Company and Lipton's

Wines & Liquors. After hearing counsel we adjourned the matter to September 30 to afford the Attorney General the opportunity to make a formal motion to dismiss the application upon the grounds advanced by him orally, and we authorized the intervenors to join in the motion. Notice of the application and of the impending motion was given by the court to the President of the Senate and the Speaker of the General Assembly. Excellent briefs were filed and the motion was very ably argued on September 30.

The application alleges that when said chapter 152 was introduced in the General Assembly on February 13, 1962, as Assembly Bill No. 415, section 1 of the bill read as follows:

"1 1. On and after the effective date of this act no person, as the

same is

2 defined in section 33:1-1 of the Revised Statutes, shall, except

as herein-

3 after provided, acquire an interest in more than a total of 2

alcoholic bev-

4 erage retail licenses, but nothing herein shall require any such

person who

5 has, on the effective date of this act, an interest in more than

2 such licenses

6 to surrender, dispose of, or release his ...


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