SHOVEL TRANSFER & STORAGE v. SIMPSON


523 Pa. 235 (1989)

565 A.2d 1153

SHOVEL TRANSFER AND STORAGE, INC., Appellee, v. Hubert SIMPSON, Comptroller, Pennsylvania Liquor Control Board and Michael Hershock, Secretary of Office of Budget and Administration, Appellants, and the Pennsylvania Liquor Control Board, Intervenor.

Supreme Court of Pennsylvania.

Decided November 6, 1989.


Attorney(s) appearing for the Case

Andrew H. Cline, Harrisburg, Timothy D. Searchinger, Deputy General Counsel, Office of General Counsel, Philadelphia, for appellants.

William G. Merchant, Monroeville, for Shovel Transfer and Storage, Inc.

Kenneth B. Skelly, Pennsylvania Liquor Control Bd., Harrisburg, Eileen S. Mounus, for Pennsylvania Liquor Control Bd., intervenor.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.


OPINION

NIX, Chief Justice.*

This case comes to us on appeal from an order of the Commonwealth Court overruling the preliminary jurisdictional objections of appellants Simpson and Hershock to a petition for review by Shovel Transfer and Storage, Inc. ("Shovel"), seeking declaratory and injunctive relief. The dispute between the parties arose from the following factual situation. The issue...

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