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Sammark, Inc. v. Commonwealth

IN THE COMMONWEALTH COURT OF PENNSYLVANIA


December 28, 2009

SAMMARK, INC., T/A TONY'S BIG EASY, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD

The opinion of the court was delivered by: Bonnie Brigance Leadbetter, President Judge

ORDER

AND NOW, this 28th day of December, 2009, upon consideration of Sammark, Inc.'s unopposed application for reconsideration and its supplemental statement in support of the application, and it appearing that the parties have agreed to amicably resolve this matter, reconsideration is granted. The order of October 30, 2009, is stayed. This matter is remanded to the Court of Common Pleas of Centre County with directions to remand the matter to the Pennsylvania Liquor Control Board for further review.

The parties shall advise the Court within 14 days of final action by the Pennsylvania Liquor Control Board, so that the stay can be lifted or other appropriate action can be taken in light of the Board's determination. If no action has been taken by the Board by March 5, 2010, Sammark, Inc. shall file a report regarding the status of the administrative proceedings.

Sammark, Inc. shall not serve liquor pending final action by the Pennsylvania Liquor Control Board.

20091228

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