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JOHN L. HARRIS v. COMMONWEALTH PENNSYLVANIA (02/17/88)

decided: February 17, 1988.

JOHN L. HARRIS, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLEE



Appeal from the Order of the Court of Common Pleas of Indiana County, in the case of In Re: Appeal of John L. Harris, No. 345 Misc., 1985.

COUNSEL

Louis E. Caputo, Caputo & Caputo, P.C., for appellant.

Felix Thau, Deputy Chief Counsel, for appellee.

Judges Barry, Colins, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 113 Pa. Commw. Page 468]

John Harris (appellant) appeals an order of the Court of Common Pleas of Indiana County which affirmed an order of the Pennsylvania Liquor Control Board (LCB) refusing appellant's request to transfer his liquor license to another location.

[ 113 Pa. Commw. Page 469]

Appellant held the liquor license for an establishment which was located in the Borough of Blairsville, Indiana County. Appellant leased the premises from John Milazzo. In 1980, plans were made to build a health care center at the same location. Mr. Milazzo informed appellant that he wished to sell his building and would do so if appellant could also reach an agreement for the sale of his business. Negotiations for this latter sale, however, proved fruitless.

On November 14, 1980, the borough manager and the president of council wrote a letter to Milazzo, which read as follows:

This letter is in regard to the above project in which the Borough Council has requested its Solicitor to look into the 161 E. Market St. property, and the possibility of condemnation procedure of such.

The Borough is ready to take the necessary measures to resolve this matter, so to permit this project to get underway.

It is our understanding that some sort of agreement is being worked out by the tenant, Mr. Harris; we will therefore, hold off with any action, pending the outcome of any negotiations in effect at this time.

Shortly after receipt of this letter, Milazzo and appellant entered into an agreement with Market Street Associates, the private developer, where appellant was paid $2500 for the cancellation of the remainder of his ...


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