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BEACH LAKE UNITED METHODIST CHURCH v. COMMONWEALTH PENNSYLVANIA (05/17/89)

decided: May 17, 1989.

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



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

COUNSEL

John J. Brier, Scranton, for appellant.

Richard B. Henry, Bugaj and Henry, Honesdale, for Beach Lake United Methodist Church.

Kenneth Skelly, Chief Counsel, Harrisburg, and Kenneth W. Makowski, Asst. Counsel, Philadelphia, for Pennsylvania Liquor Control Bd.

Sara Slesinger, Smith, Asst. Counsel, Harrisburg, for Pa. State Police, Bureau of Liquor Control Enforcement.

Crumlish, Jr., President Judge, and Craig, Doyle, Colins, Palladino, McGinley and Smith, JJ. Colins, J., dissents.

Author: Palladino

[ 126 Pa. Commw. Page 72]

This is a reargument of a case initially reported in Beach Lake Methodist Church v. Kuester's, Inc., d/b/a Kuester's Hotel, Pa. Commonwealth Ct. , 548 A.2d 388 (1988) (Beach Lake I). We granted Kuester's Inc. d/b/a Kuester's Hotel (Kuester) petition for reargument to consider whether the supreme court's decision in Adair v. Pennsylvania Liquor Control Board, 519 Pa. 103, 546 A.2d 19 (1988) is to be applied to liquor license application cases. The impact of Adair on liquor license application cases was not briefed in Beach Lake I .

On July 1, 1986, Kuester applied for a new hotel liquor license, amusement permit and provisional Sunday sales

[ 126 Pa. Commw. Page 73]

    permit (liquor license). A hearing was held before a hearing examiner at which Beach Lake United Methodist Church (Appellee) appeared and objected to the application. On April 23, 1987, the Pennsylvania Liquor Control Board (Board) granted the liquor license.

Appellee appealed to the trial court. After a de novo hearing, the trial court issued its own findings of fact and reversed the Board's decision granting the license. The case was appealed to this court and we affirmed. Beach Lake I.

The sole issue before us on reargument is whether, as a result of the supreme court's decision in Adair, a trial court in a liquor license application case may substitute its own findings of fact for those of the Board even when the evidence presented to the trial court ...


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