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DOBBIN HOUSE v. COMMONWEALTH PENNSYLVANIA (03/04/81)

decided: March 4, 1981.

THE DOBBIN HOUSE, INC., APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLEE. THE RETREAT, INC., INTERVENOR



Appeal from the Order of the Court of Common Pleas of Adams County in case of Inter-Great Services, Inc. and The Dobbin House, Inc. v. Pennsylvania Liquor Control Board, No. 80 S. 80.

COUNSEL

Chester Gitt Schultz, for appellant.

J. Leonard Langan, Assistant Attorney General, for appellee.

Gerald E. Ruth, for intervenor, The Retreat, Inc.

Judges Wilkinson, Jr., Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson

[ 57 Pa. Commw. Page 282]

Appellee Pennsylvania Liquor Control Board (Board) issued a liquor license to intervenor, The Retreat, Inc. (Retreat) for premises located in Gettysburg. Though the quota of licenses for that municipality had been exceeded, the Board considered the premises proposed to be licensed located within a resort area and found that there was a necessity for an additional retail liquor license in the municipality. Opponents of the application included Inter-Great Services, Inc. (Inter-Great), a Board licensee located

[ 57 Pa. Commw. Page 283]

    within 200 feet of the premises proposed to be licensed; The Dobbin House, Inc. (Dobbin House), a Board licensee located more than 200 feet from the premises proposed to be licensed; and Robert J. Monahan, Jr., an inhabitant of the neighborhood within a radius of 500 feet of the premises proposed to be licensed. Those three appealed to the Court of Common Pleas of Adams County. Upon motion by Retreat, the court of common pleas quashed the appeal as to Dobbin House, refused to quash the appeal as to Inter-Great, and transferred the remainder of the case to this Court.

In this appeal Dobbin House contends that it had standing to appeal from the Board's decision to issue a liquor license to Retreat.

Section 404 of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. ยง 4-404, provides:

That in the case of any new license or the transfer of any license to a new location the board may, in its discretion, grant or refuse such new license or transfer if such place proposed to be licensed is within three hundred feet of any church, hospital, charitable institution, school, or public playground, or if such new license or transfer is applied for a place which is within two hundred feet of any other premises which is licensed by the board . . . [and] That the board shall refuse any application for a new license or the transfer of any license to a new location if, in the board's opinion, such new license or transfer would be ...


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