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COMMONWEALTH PENNSYLVANIA v. FRANK RANERI AND LENA RANERI (05/20/86)

decided: May 20, 1986.

COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD AND WESTMORELAND TAVERN ASSOCIATION
v.
FRANK RANERI AND LENA RANERI, T/A RANERI'S SUPPER CLUB. WESTMORELAND TAVERN ASSOCIATION, APPELLANT



Appeal from the Order of the Court of Common Pleas of Westmoreland County in the case of In Re: Frank Raneri and Lena Raneri, t/a Raneri's Supper Club, No. 40 Civil 1983.

COUNSEL

Eileen Maunus, with her, Irving L. Bloom, for appellant.

James R. McDonald, 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

[ 97 Pa. Commw. Page 353]

"Westmoreland Tavern Association (Association) appeals a Westmoreland County Common Pleas Court order reversing a Pennsylvania Liquor Control Board (LCB) decision and granting Frank and Lena Raneri's application for a new liquor license. We reverse.

Frank and Lena Raneri are attempting to reopen their Italian-style restaurant in Hempfield Township. Hempfield Township has exceeded its quota of twenty-one licenses for the retail sale of alcoholic beverages*fn1 under Section 461(a) of the Liquor Code (Code).*fn2

The Raneris applied for a new restaurant liquor license under the Code's resort area exception to the license quota.*fn3 The LCB denied the application, finding that no need for an additional license had been established.

The common pleas court conducted a de novo hearing,*fn4 at which time it granted the Association's petition

[ 97 Pa. Commw. Page 354]

    to intervene.*fn5 It found that the Raneris had proved the necessity for an additional liquor license and directed the Board to grant the application.*fn6

Because the common pleas court took additional evidence and made its own findings of fact, our scope of review is limited to determining whether substantial record evidence supports those findings and whether the trial court abused its discretion or committed an error of ...


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