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RZASA'S LIQUOR LICENSE CASE. (07/21/55)

July 21, 1955

RZASA'S LIQUOR LICENSE CASE.


Appeal, No. 182, April T., 1954, from order of Court of Quarter Sessions of Cambria County, June T., 1951, No. 12, in re Magdaline Rzasa, trading as Eighth Ward Hotel, v. Pennsylvania Liquor Control Board. Order affirmed. Appeal by applicant from decision of Pennsylvania Liquor Control Board refusing hotel liquor license.

COUNSEL

Andrew J. Gleason, with him Samuel R. DiFrancesco, for appellant.

Edward J. Harkins, with him Robert J. Wharton and Harkins & Wharton, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Rhodes

[ 179 Pa. Super. Page 31]

OPINION BY RHODES, P.J.

On September 1, 1949, the Pennsylvania Liquor Control Board received an application for a hotel liquor

[ 179 Pa. Super. Page 32]

    license from Magdaline Rzasa, trading and doing business as the Eighth Ward Hotel, for premises situate at 984 Franklin Street, Johnstown, Cambria County.

A hearing was held on the application on March 8, 1951. The board, on April 5, 1951, by its order refused the license, and found that the premises proposed to be licensed are located within 300 feet of the Mercy Hospital. The Court of Quarter Sessions of Cambria County, after hearing de novo,*fn1 dismissed the applicant's appeal. The court below found, as did the board, that the premises proposed to be licensed were well within the statutory limitation of 300 feet from the hospital, and that the board did not abuse its discretion in refusing the application.

Applicant has appealed to this Court from the order of the court below of April 13, 1954.

Appellant's contention is that the measurements should have been taken from the nearest point of appellant's building to the nearest point of the old hospital building as it existed at the time the application*fn2 was filed.

Mercy Hospital protested and opposed the grant of a license to appellant at the designated location. At the hearing de novo before the court below on May 4, 1953, testimony was presented by appellant and protestants. There was testimony to the effect that, at the time the application was ...


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