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BEACH LAKE UNITED METHODIST CHURCH v. COMMONWEALTH PENNSYLVANIA (10/06/88)

filed: October 6, 1988.

BEACH LAKE UNITED METHODIST CHURCH
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD AND KUESTER'S INC., D/B/A KUESTER'S HOTEL, KUESTER'S INC., D/B/A KUESTER'S HOTEL, APPELLANT



Appeal from Common Pleas Court, Wayne County; Honorable Robert J. Conway, PRESIDENT JUDGE.

COUNSEL

John J. Brier, Esq., Scranton, Pa., ATTORNEYS for appellant.

Richard Henry, Esq., Honesdale, Pa., Kennth Skelly, CHIEF COUNSEL, PENNSYLVANIA LIQUOR CONTROL BOARD, Harrisburg, Pa., ATTORNEYS FOR BEACH LAKE UNITED METHODIST CHURCH.

Before: Honorable Francis A. Barry, Judge, Honorable Doris A. Smith, Judge, Honorable Emil E. Narick, Senior Judge

Author: Barry

Opinion

Opinion BY JUDGE FRANCIS A. BARRY

The Pennsylvania Liquor Control Board (Board) and Kuester's Inc., d/b/a Kuester's Hotel (Kuester's) appeal an order of the Court of Common Pleas of Wayne County which reversed a Board decision to grant a liquor license to Kuester's.

Formerly Kuester's was the Dunedin Hotel which operated under a liquor license until January 1986 when the previous owner abandoned the premises. On July 1, 1986, Kuester's filed an application with the Board for a new hotel liquor license, amusement permit and for a provisional Sunday sales permit. This application was opposed by Beach Lake United Methodist Church (appellee). At the Board hearing, testimony established that Kuester's is located in Berlin Township, Wayne County, within 122 feet of the appellee's community center and within 192 feet of the appellee's church. Testimony also established concerns over increased parking and traffic should Kuester's be licensed.

The Board granted Kuester's application based on the following factual findings:

1. The proposed licensed premises are located within 200 feet of another establishment licensed by the Board.

2. The proposed licensed premises are located within 300 feet of Beach Lake Volunteer Fire Company and Beach Lake Methodist Church.

3. The approval of this application will not adversely affect the health, welfare, peace and morals of the neighborhood within a radius of 500 feet.

The appellee appealed this decision to the trial court. At a de novo hearing, the same evidence that was presented to the Board was presented to the trial court.*fn1 The trial court reversed the board's ...


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