CLOONAN v. THORNBURGH

No. 3467 C.D. 1986, 3481 C.D. 1986, 3534 C.D. 1986, 3535 C.D. 1986 and 3604 C.D. 1986.

103 Pa.Commw. 1 (1986)

519 A.2d 1040

Edward A. Cloonan, Petitioner v. The Honorable Dick Thornburgh, Governor of the Commonwealth of Pennsylvania, Respondent. Pennsylvania Liquor Control Board, Petitioner v. Governor Richard Thornburgh, Respondent. Wendell W. Young, Individually, as a taxpayer et al., Petitioners v. Governor Dick Thornburgh, Respondent. Edward P. Zemprelli et al., Petitioners v. Dick Thornburgh, Respondent. United Food and Commercial Workers Local 1357 et al., Petitioners v. Governor Richard Thornburgh, Respondent.

Commonwealth Court of Pennsylvania.

December 29, 1986.


Attorney(s) appearing for the Case

John D. Killian, with him, Robert W. Barton, Killian & Gephart, for petitioner, Edward A. Cloonan.

Ken Skelly, Chief Counsel, with him, Felix Thau, Deputy Chief Counsel, and Eileen S. Maunus, Assistant Counsel, for petitioner, Pennsylvania Liquor Control Board.

Gary F. DiVito, Goldstein, Friedberg, Zaslow & DiVito, P.C., for petitioners, Wendel W. Young and Carl Huber, individually and as Presidents of UFCW Locals Nos. 1357 and 23.

Michael T. McCarthy, Chief Counsel, with him, Sally A. Ulrich, Assistant Counsel, to Senate Democratic Floor Leader, for petitioners, Edward P. Zemprelli, et al.

Bernard N. Katz, with him, Basil L. Merenda, Meranze and Katz, for petitioners, United Food and Commercial Workers Local 1357 et al.

Henry G. Barr, General Counsel, with him, Barry M. Hartman, Administrative Deputy General Counsel, Raymond Pepe, Deputy General Counsel, and Andrew Cline, Associate Deputy General Counsel, for respondent, Governor Richard Thornburgh.

Kathryn Speaker MacNett, Baskin, Flaherty, Elliott, Mannino & Beren, P.C., for amicus curiae, Penn Beer Distributors, Inc. et al.

Fred Speaker, with him, Thomas B. Schmidt, III, Pepper, Hamilton & Scheetz, for amicus curiae, Common Cause.

Heard December 22, 1986, before President Judge CRUMLISH, JR.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., December 29, 1986:

On December 22, 1986, this Chancellor heard argument on seven separate applications for special and preliminary relief involving five actions brought against Dick Thornburgh, Governor of the Commonwealth of Pennsylvania, which arose from the issuance of Executive Order 1986-7 providing for the phase-out of the Pennsylvania Liquor Control Board (PLCB).

I.

Edward A. Cloonan, a state store...

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