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Castille, C.J., Saylor, Eakin, Baer, Todd, Mccaffery, Orie Melvin v. Pennsylvania Liquor Control Board

December 3, 2010

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, MCCAFFERY, ORIE MELVIN, JJ. MALT BEVERAGES DISTRIBUTORS ASSOCIATION AND TANCZOS BEVERAGES, INC., APPELLANTS
v.
PENNSYLVANIA LIQUOR CONTROL BOARD, WEGMANS FOOD MARKETS, INC., APPELLEE



Appeal from the Order of the Commonwealth Court entered February 23, 2009 at No. 517 C.D. 2008,

The opinion of the court was delivered by: Mr. Justice Baer

Pennsylvania Supreme Court SC-J_28A_E_2010mo.pdf

[J-28A-2010]

Intervenor [J-28B-2010] MALT BEVERAGES DISTRIBUTORS ASSOCIATION, Appellant v. PENNSYLVANIA LIQUOR CONTROL BOARD, Appellee WEGMANS FOOD MARKETS, INC., Intervenor affirming

the decision of the Pennsylvania Liquor Control Board dated March 19, 2008 at 965 A.2d 1254 (Pa. Cmwlth. 2009) ARGUED: April 14, 2010 No. 82 MAP 2009 Appeal from the Order of the Commonwealth Court entered February 23, 2009 at No. 513 C.D. 2008, affirming the decision of the Pennsylvania Liquor Control Board dated March 19, 2008 at 965 A.2d 1269 (Pa. Cmwlth. 2009) ARGUED: April 14, 2010

MALT BEVERAGES DISTRIBUTORS : No. 83 MAP 2009 ASSOCIATION, :

: Appeal from the Order of the Appellant : Commonwealth Court entered March 2, : 2009 at No. 514 C.D. 2008, affirming the v. : decision of the Pennsylvania Liquor : Control Board dated March 19, 2008 at PENNSYLVANIA LIQUOR CONTROL : BOARD, 966 A.2d 1165 (Pa. Cmwlth. 2009) Appellee WEGMANS FOOD MARKETS, INC., Intervenor : ARGUED: April 14, 2010

[J-28D-2010]

MALT BEVERAGE DISTRIBUTORS : No. 84 MAP 2009 ASSOCIATION AND BEER SUPER, : INC., : Appeal from the Order of the

: Commonwealth Court entered March 2, Appellants : 2009 at No. 515 C.D. 2008, affirming the

: decision of the Pennsylvania Liquor

v. : Control Board dated March 19, 2008 at :

PENNSYLVANIA LIQUOR CONTROL : BOARD, : 966 A.2d 1172 (Pa. Cmwlth. 2009)

Appellee

WEGMANS FOOD MARKETS, INC., :

Intervenor : ARGUED: April 14, 2010

MALT BEVERAGES DISTRIBUTORS : No. 85 MAP 2009 ASSOCIATION AND K. E. PLETCHER, : INC., : Appeal from the Order of the Commonwealth Court entered March 2, Appellants : 2009 at No. 516 C.D. 2008, affirming the : decision of the Pennsylvania Liquor v. : Control Board dated March 19, 2008 at : Nos. 07-9144 PENNSYLVANIA LIQUOR CONTROL : BOARD, : 966 A.2d 1180 (Pa. Cmwlth. 2009) Appellee WEGMANS FOOD MARKETS, INC., : Intervenor : ARGUED: April 14, 2010

OPINION

We granted allocatur in these consolidated appeals to determine whether the Pennsylvania Liquor Control Board ("PLCB") erred by authorizing five restaurants, each of which is interconnected to a supermarket, to sell beer for consumption on the premises, as well as in limited quantities for takeout purposes. The parties agree that each premises ...


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