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HOME AID ASSO. OF JOHN C. TRESSLER POST NO. 3504 v. COMMONWEALTH

No. 1314 C.D. 1975.

25 Pa.Commw. 271 (1976)

Appeal of Home Aid Association of John C. Tressler Post No. 3504 of the Veterans of Foreign Wars from Refusal of Pennsylvania Liquor Control Board To Grant Club Liquor License v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board. Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

June 23, 1976.

Attorney(s) appearing for the Case

David Shotel, Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for appellant.

Thomas G. Saylor, Jr., with him Livengood, Braucher & Keim, for appellee.

Argued May 6, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, June 23, 1976:

Appellee applied to appellant for the grant of a club liquor license. A hearing was held before a hearing examiner appointed by appellant. It appears to be clear from the record, it was found by the hearing examiner and by appellant, and it is not contested by appellee before this Court, that the premises of the proposed license is within 200 feet of other establishments licensed for the sale of liquor and within 300 feet...

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