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CATHERINE TOWNSHIP LIQUOR REFERENDUM CASE. (04/29/55)

April 29, 1955

CATHERINE TOWNSHIP LIQUOR REFERENDUM CASE.


Appeals, Nos. 16 and 19, Jan. T., 1955, from orders of Court of Common Pleas of Blair County, Jan. T., 1955, Nos. 168 and 169, in case of Catherine Township, Blair County, retail liquor referendum et al. Orders reversed.

COUNSEL

Richard S. Oyler, for appellant.

Harold Miller, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey, Musmanno and Arnold, JJ.

Author: Jones

[ 382 Pa. Page 292]

ORDER PER CURIAM, April 29, 1955:

The orders of the court below, involved in the abovenoted appeals, are reversed with directions that the respective records be remanded forthwith and that the prescribed questions for referenda on the granting of retail beer and liquor licenses in Catherine Township, Blair County, be placed by the commissioners of said county, acting in their capacity as the Board of Election, on the ballots to be used in said township at the Primary to be held on May 17, 1955; the costs on these appeals to be borne by the appellee.

Opinion will be filed later.

Opinion BY MR. JUSTICE JONES, May 23, 1955:

These appeals are from orders of the Court of Common Pleas of Blair County directing the Commissioners of the County, acting in their capacity as the Board of Elections, to set aside petitions seeking referenda in Catherine Township, Blair County, at the May Primary (1955) on the questions of granting licenses for the sale of malt and brewed beverages and of liquor.

Being persuaded at the oral argument of the appeals that the orders entered below were in error and being aware of the urgency for a prompt decision in view of the approaching Primary, we entered an order forthwith reversing the orders appealed from and remanding the records with directions that the prescribed questions for the desired referenda be placed on the ballots to be used in Catherine Township at the Primary. We noted that an opinion would be filed later.

At the instance of objectors, the learned court below set aside the petitions for referenda on the grounds that certain of the ...


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