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ENTERTAINMENT & DEVELOPMENT v. PHILADELPHIA

937 A.2d 385 (2007)

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

Supreme Court of Pennsylvania.

Decided November 20, 2007.

Order Denying Reargument December 21, 2007.

Attorney(s) appearing for the Case

Richard Douglas Sherman, Esq., Harrisburg, for amicus curiae Pennsylvania Gaming Control Board.

Michael Kenneth Coran, Esq., Glenn Aaron Weiner, Esq., Klehr, Harrison, Harvey, Branzburg & Ellers, L.L.P., Philadelphia, Eric G. Fikry, Esq., William G. Schwartz, Esq., Jeffrey Brent Rotwitt, Esq., Stephen David Schrier, Esq., Obermayer, Rebmann, Maxwell & Hippel, L.L.P., Philadelphia, for Philadelphia Entertainment and Development Partner, L.P., et al.

Ronald Frederick Brien, Jr., Esq., Brian Charles Vance, Esq., James W. Christie, III, Esq., Christie, Pabarue, Mortensen & Young, P.C., Spring City, for City Council for the City of Philadelphia.

Mark R. Zecca, Esq., Romulo Liberio Diaz, Jr., Esq., City of Philadelphia Law Department, Philadelphia, for City of Philadelphia, et al.

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

OPINION

Chief Justice CAPPY.

This matter concerns the Emergency Petition for Review of Bill No. 070009 Passed by City Council for the City of Philadelphia on May 10, 2007 and of the City of Philadelphia's Failure to Issue a Zoning and Use Registration Permit ("Petition") filed by Petitioner Philadelphia Entertainment and Development Partners ("PEDP") against Respondent City of Philadelphia ("Philadelphia") and Respondent Department of Licenses and...

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