Legal Opinion

Alfred I. duPont School District v. Delaware Alcoholic Beverage Control Commission

Supreme Court of Delaware

Decided July 25, 1975PublishedCited by 4 opinions

1Opinion of the Court

DUFFY, Justice:

This appeal requires a ruling as to the duty of the Delaware Alcoholic Beverage Control Commission to give notice of its decision to grant a license to sell alcoholic beverage.

I

An application for an off-premises (package store) license was filed on April 25, 1973. Within the ten-day statutory period a petition signed by 115 area residents who opposed the application was lodged with the Commission. In statutory effect, the petition was a “protest” which required the Commission to hold a hearing on the application. 4 Del.C. § 541(b). The Commission mailed notice of the time and…

2Cases cited7 opinions

  1. Bigger v. Unemployment Compensation CommissionSupreme Court of Delaware · 1947
  2. State Ex Rel. Conly v. KlingmeyerSuperior Court of Delaware · 1957
  3. Demarie v. Delaware Alcoholic Beverage Control CommissionSupreme Court of Delaware · 1958
  4. In re PepperNew York Court of General Session of the Peace · 1947
  5. Ahner v. Delaware Alcoholic Beverage Control CommissionSupreme Court of Delaware · 1967

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3Cited by4 opinions

  1. Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control BoardAlaska Supreme Court · 1979
  2. City of Kenai v. State, Public Utilities CommissionAlaska Supreme Court · 1987
  3. Alfred I. Dupont Sch. Dist. v. DELAWARE ALC. BC COM'NSupreme Court of Delaware · 1975
  4. Ketchikan Retail Liquor Dealers Ass'n v. State, Alcoholic Beverage Control BoardAlaska Supreme Court · 1979

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