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APPLICATION FAMILY STYLE RESTAURANT (12/23/83)

decided: December 23, 1983.

IN RE APPLICATION OF THE FAMILY STYLE RESTAURANT, INC. APPEAL OF THE FAMILY STYLE RESTAURANT, INC.


Appeal No. 109 E.D. Appeal Docket 1982, from the Order of Commonwealth Court at No. 1050 C.D.1981, vacating the Order of Court of Common Pleas of Lancaster County at Liquor License Dkt. 1, p. 131; Genevieve Blatt, Judge.

COUNSEL

Gary G. Krafft, Lancaster, for appellant.

James H. Thomas, Lancaster, for appellee.

Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ. Nix and Hutchinson, JJ., concur in the result.

Author: Roberts

[ 503 Pa. Page 111]

OPINION OF THE COURT

On April 4, 1980, appellant Family Style Restaurant, Inc., applied to the Pennsylvania Liquor Control Board for a retail restaurant liquor license under the "resort area" exception of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-461(b). Following a hearing, at which appellee Lancaster County Tavern Owners Association was represented by counsel and presented testimony in opposition to the application, the Board approved the issuance of the license on December 23, 1980. The Association then appealed the Board's decision to the Court of Common Pleas of Lancaster County, which dismissed the appeal on the ground that the Association did not come within any of the specified classes of persons permitted to appeal under the Liquor Code. See 47 P.S. §§ 4-404 and 4-464. On appeal, the Commonwealth Court, stating that it was "reluctantly" following this Court's decision in Application of El Rancho Grande, Inc., 496 Pa. 496, 437 A.2d 1150 (1981), held that the Association had standing to appeal under the Administrative Agency Law, 2 Pa.C.S. § 701 et seq. Consequently, the Commonwealth Court vacated the order of the court of common pleas, and remanded the case to that court for consideration of the merits. 67

[ 503 Pa. Page 112]

Pa. Commw. 361, 447 A.2d 350 (1982). We granted appellant's petition for allowance of appeal and now reverse.

The Administrative Agency Law provides, in relevant part:

Section 701 Scope of Subchapter

(a) General rule. -- Except as provided in subsection (b), this subchapter shall apply to all Commonwealth agencies regardless of the fact that a statute expressly provides that there shall be no appeal from an adjudication of an agency, or that the adjudication of an ...


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