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COMMONWEALTH PENNSYLVANIA v. KAYDEN CORPORATION (02/27/86)

decided: February 27, 1986.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT
v.
KAYDEN CORPORATION, APPELLEE



Appeal from the Order of the Court of Common Pleas of Washington County in case of Kayden Corporation v. Pennsylvania Liquor Control Board, No. 44 Misc. Docket 84.

COUNSEL

Eileen Maunus, with her, Felix Thau, Deputy Chief Counsel, and Gary F. DiVito, Chief Counsel, for appellant.

Robert L. Ceisler, with him, George A. Baillie, Ceisler/Richman Law Firm, for appellee.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Kalish, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 95 Pa. Commw. Page 307]

The Pennsylvania Liquor Control Board (LCB) appeals a Washington County Common Pleas Court order sustaining the appeal of Kayden Corporation (Kayden) from a denial of a restaurant liquor license and directing issuance of a license. We reverse.

Kayden operates a bowling alley in South Strabane Township. It applied for licensure under the resort area exemption contained in Section 461(b) of the Liquor Code.*fn1 The LCB found that there was no evidence

[ 95 Pa. Commw. Page 308]

    of need for an additional license in the Township. The common pleas court found that there was a substantial need for the license.

Our review of the court's order is limited to determining whether the findings of fact are supported by substantial evidence and whether an error of law or an abuse of discretion was committed. Pennsylvania Liquor Control Board v. Seder, 88 Pa. Commonwealth Ct. 351, 489 A.2d 278 (1985).

Preliminarily, Kayden moves to quash the LCB's appeal. It argues that the LCB's appeal is fatally defective because (1) no post-trial motions were first filed with the common pleas court and (2) the court's order was not reduced to judgment before the LCB appealed. We deny Kayden's motion.

The requirement of filing post- trial motions to preserve issues, Pa. R.C.P. No. 227.1, does not apply here. We have held that the Rules of Civil Procedure do not specifically govern matters which come under the common pleas courts' statutory appeal jurisdiction. Pennsylvania Liquor Control Board Appeal (Dinardi), 84 Pa. Commonwealth Ct. 598, 480 A.2d 338 (1983). Because the common pleas court's order sustained an appeal, and in no way related to a trial, Rule No. 227.1 is not applicable. The fact that the order sustaining Kayden's appeal was not reduced to judgment is irrelevant. A final order is appealable once it has been entered on the docket. Pa. R.A.P. ...


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