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eBook details

• Title: Application Family Style Restaurant
• Author : Supreme Court of Pennsylvania
• Release Date : January 23, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

On April 4, 1980, appellant Family Style Restaurant, Inc., applied to the Pennsylvania Liquor Control Board for a retail restaurant liquor license under the "resort area" exception of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-461(b). Following a hearing, at which appellee Lancaster County Tavern Owners Association was represented by counsel and presented testimony in opposition to the application, the Board approved the issuance of the license on December 23, 1980. The Association then appealed the Boards decision to the Court of Common Pleas of Lancaster County, which dismissed the appeal on the ground that the Association did not come within any of the specified classes of persons permitted to appeal under the Liquor Code. See 47 P.S. §§ 4-404 and 4-464. On appeal, the Commonwealth Court, stating that it was "reluctantly" following this Courts decision in Application of El Rancho Grande, Inc., 496 Pa. 496, 437 A.2d 1150 (1981), held that the Association had standing to appeal under the Administrative Agency Law, 2 Pa.C.S. § 701 et seq. Consequently, the Commonwealth Court vacated the order of the court of common pleas, and remanded the case to that court for consideration of the merits. 67

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