APPEAL OF MARBLE HALL INVEST. CO.

No. 970 C.D. 1977.

37 Pa.Commw. 264 (1978)

Appeal of Marble Hall Investment Company, Towamencin Tavern, Sumneytown Pike, P.O. Box 121, Towamencin Township, Kulpsville, Pennsylvania. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

August 17, 1978.


Attorney(s) appearing for the Case

Sidney A. Simon, Special Assistant Attorney General, with him Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for appellant.

A. Richard Gerber, with him Gerber, Maerz, Wilenzik & Shields, for appellee.

Argued April 7, 1978, before Judges WILKINSON, JR., BLATT and DiSALLE, sitting as a panel of three.


OPINION BY JUDGE BLATT, August 17, 1978:

The Pennsylvania Liquor Control Board (Board) has appealed from an order of the Court of Common Pleas of Montgomery County which directed the Board to renew a restaurant liquor license to Marble Hall Investment Company (Marble Hall).

The restaurant license in question here was originally issued to Francis A. Carr (Carr) on April 11, 1975. On May 23, 1975, Carr applied for the transfer

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