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PEDP v. CITY OF PHILADELPHIA

939 A.2d 290 (2007)

PHILADELPHIA ENTERTAINMENT AND DEVELOPMENT PARTNERS, L.P. d/b/a/ Foxwoods Casino Philadelphia, Petitioner v. CITY OF PHILADELPHIA and Department of Licenses and Inspections of City of Philadelphia, Respondents.

Supreme Court of Pennsylvania.

Decided December 27, 2007.

Attorney(s) appearing for the Case

Michael Kenneth Coran, Glenn Aaron Weiner, Joseph Paul Bradica, Klehr, Harrison, Harvey, Branzburg & Ellers, L.L.P., Philadelphia; Eric G. Fikry, Stephen David Schrier, Obermayer Rebmann Maxwell & Hippel, L.L.P., Cherry Hill, NJ, William G. Shwartz, Jeffrey Brent Rotwitt, Obermayer Rebmann Maxwell & Hippel, L.L.P., Philadelphia, for Philadelphia Entertainment and Development Partners, L.P. d/b/a/ Foxwoods Casino Philadelphia, petitioner.

Mark R. Zecca, Romulo, Liberio Diaz, City of Philadelphia Law Dept., for City of Philadelphia and Dept. of Licenses and Inspections of City of Philadelphia, respondents.

BEFORE: CAPPY, C.J., CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.

OPINION

Chief Justice CAPPY.

Invoking jurisdiction under § 1506 of the Pennsylvania Race Horse Development and Gaming Act ("Gaming Act" or "Act"), 4 Pa.C.S. § 1101 et seq., Petitioner Philadelphia Entertainment and Development Partners ("PEDP") filed an Emergency Petition for Review of the Department of Licenses and Inspections of City of Philadelphia's Decision Denying Application No. 84960 for C-3 Commercial Zoning and Use Registration...

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