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PETITION SPRINGDALE DISTRICT SPORTSMEN'S ASSOCIATION FROM DECISION PENNSYLVANIA LIQUOR CONTROL BOARD REFUSING TO GRANT AN APPLICATION FOR A CLUB LIQUOR LICENSE. SPRINGDALE DISTRICT SPORTSMEN'S ASSOCIATION (07/28/75)

decided: July 28, 1975.

PETITION OF THE SPRINGDALE DISTRICT SPORTSMEN'S ASSOCIATION FROM THE DECISION OF THE PENNSYLVANIA LIQUOR CONTROL BOARD IN REFUSING TO GRANT AN APPLICATION FOR A CLUB LIQUOR LICENSE. SPRINGDALE DISTRICT SPORTSMEN'S ASSOCIATION, APPELLANT


Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In Re: Petition of the Springdale District Sportsmen's Association from the Decision of the Pennsylvania Liquor Control Board in Refusing to Grant an Application for a Club Liquor License, No. SA 192 of 1974.

COUNSEL

James Victor Voss, with him Neely and Voss, for appellant.

J. Leonard Langan, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Israel Packel, Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 20 Pa. Commw. Page 480]

Springdale District Sportsmen's Association (Applicant) appeals an opinion and order of the Court of

[ 20 Pa. Commw. Page 481]

Common Pleas of Allegheny County which affirmed the Pennsylvania Liquor Control Board's (Board) denial of its application for a club liquor license. We affirm.

Applicant asks us to determine the following two issues:

1. Did the court below err in agreeing that the Board had not abused its discretion when it found that Frazier Township in Allegheny County was not a "resort area"?

2. Did the court below err in making findings of fact on a material issue which were different from those made by the Board?

This case gives us the opportunity to clarify that section of the Liquor Code which authorized a liquor license in a resort area.

The point of departure of our inquiry is Section 461(a) of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, ...


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