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FARMLAND INDUSTRIES v. PENN DAIRIES (04/05/84)

decided: April 5, 1984.

FARMLAND INDUSTRIES, INC., T/A TURKEY HILL MINIT MARKETS, PETITIONER
v.
PENN DAIRIES, INC. ET AL., RESPONDENTS



Appeal and Original jurisdiction from the Order of the Deputy Secretary of Economic Development, Department of Commerce, in the case of Penn Dairies, Inc., Request for Tax Exempt Financing, dated November 9, 1983.

COUNSEL

Anthony P. Schimaneck, Morgan, Hallgren, Crosswell & Kane, P.C., for petitioner.

George C. Werner, Barley, Snyder, Cooper & Barber, for respondent, Penn Dairies, Inc.

David F. Snyder, Chief Counsel, for respondent, Commonwealth of Pennsylvania.

Judge Doyle. Memorandum Opinion and Order by Judge Doyle.

Author: Doyle

[ 81 Pa. Commw. Page 341]

Before this Court are motions by respondents Department of Commerce (Department) and Penn Dairies, Inc. to quash a petition for review filed by petitioner Farmland Dairies, Inc., t/a Turkey Hill Minit Markets. The petition for review, docketed at 3425 C.D. 1983, is an appeal from the Secretary of Commerce's approval of a tax exempt loan for the construction of a grocery store granted to Penn

[ 81 Pa. Commw. Page 342]

Dairies by the Lancaster Industrial Development Authority (Authority) pursuant to an application by Penn Dairies. Also before this Court at this time are preliminary objections by the Department, Penn Dairies and the Authority to a petition for review filed in this Court's original jurisdiction at 3466 C.D. 1983 by Farmland Industries similarly challenging the approval of Penn Dairies' application for a tax exempt loan. Since both motions to quash and the preliminary objections of all the respondents are predicated on essentially identical grounds, we will address these matters seriatim by docket number.

3425 C.D. 1983

Both the Department and Penn Dairies have moved for this Court to quash Farmland Industries' petition for review on the grounds that the Secretary of Commerce's final approval of Penn Dairies' loan application does not constitute an adjudication for the purposes of invoking this Court's appellate jurisdiction pursuant to Section 763 of the Judicial Code, 42 Pa. C.S. § 763. After a careful consideration of the pleadings and record, it is evident to this Court that this is a dispositive issue insofar as the motions to quash are concerned.*fn1

Section 702 of the Administrative Agency Law, 2 Pa. C.S. § 702 grants a right of appeal to "[a]ny person aggrieved by an adjudication of a Commonwealth agency who has a direct interest in such adjudication." ...


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