Appeal, No. 142, April T., 1962, from order of Court of Quarter Sessions of Westmoreland County, July T., 1961, No. 26, in re appeal of Willowbrook Country Club, Inc. from decision of Pennsylvania Liquor Control Board. Order affirmed.
John E. Caputo, Special Assistant Attorney General, with him Horace A. Segelbaum and George G. Lindsay, Assistant Attorneys General, and David Stahl, Attorney General, for Pennsylvania Liquor Control Board, appellant.
A. C. Scales, with him Scales and Shaw, for appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 198 Pa. Super. Page 243]
On March 24, 1961, Willowbrook Country Club, a nonprofit corporation, filed with the Pennsylvania Liquor Control Board an application for a catering club liquor license at premises in Allegheny Township, Westmoreland County. The Board refused the application on the basis of the following findings of fact: "1. As provided by law, Allegheny Township, Westmoreland County, has a quota of three licenses for the retail sale of liquor and malt beverages, and there are at present five such licenses in effect of the type counted against
[ 198 Pa. Super. Page 244]
the quota. Accordingly, the license quota is exceeded. There is also one club liquor license in the township which, under the law, is not counted against the quota. 2. The premises proposed to be licensed are not in a resort area, as claimed by the applicant. 3. There is no evidence of necessity for an additional license for the retail sale of liquor and malt beverages in the township". The Court of Quarter Sessions of Westmoreland County sustained an appeal by the applicant, and directed that the license should be issued. The Board has appealed to this court. For a proper understanding of the factual situation, we set forth the findings made by the hearing judge as follows:
"1. That the Willowbrook Country Club, Inc., is the owner of two hundred thirteen acres of land in Allegheny Township, Westmoreland County, Pennsylvania, which land is located three miles from Route 780, about four miles from Route 380, approximately two miles from Route 356, and four miles from Route 56.
"2. That the Willowbrook Country Club, Inc., was chartered on November 15, 1956, by the Courts of Westmoreland County, and the purpose for which it was incorporated was to promote and build a club resort and recreational area.
"3. That the property is located in an area of scenic beauty, approximately fifteen miles from Loyalhanna Dam, a summer recreational area; approximately six miles from Kiski Valley Park; approximately four miles from Weaver's Riding Stable and a seven acre lake for fishing, skating and boating and other recreational facilities.
"4. That Weaver's Riding Stables and Lake have attracted five to six thousand people yearly and plans are being formulated for additional recreational ...