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MITCHELL'S BAR & REST. v. ALLEGHENY COUNTY

924 A.2d 730 (2007)

MITCHELL'S BAR & RESTAURANT, INC. and 639 Smithfield Corp., d/b/a Smithfield Cafe v. ALLEGHENY COUNTY and Daniel A. Onorato, as Chief Executive of Allegheny County, and Allegheny County Council, Appellants. Mitchell's Bar & Restaurant, Inc., and 639 Smithfield Corp., d/b/a Smithfield Cafe, Appellants v. Allegheny County and Daniel A. Onorato, as Chief Executive of Allegheny County, and Allegheny County Council.

Commonwealth Court of Pennsylvania.

Decided May 22, 2007.

Attorney(s) appearing for the Case

John F. Cambest, Robert Burgoyne, and Rebecca E. Morris-Chatta, Pittsburgh, for appellants.

John E. Iole, Pittsburgh, for appellee.

BEFORE: COLINS, Judge, COHN JUBELIRER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.1

This case involves whether the Commonwealth's Clean Indoor Air Act,2 which regulates indoor smoking in public places, preempts, meaning prevents, Allegheny County from subsequently enacting an ordinance prohibiting indoor smoking in public places in Allegheny County (Ordinance).3 Two Pittsburgh restaurants claiming to be impacted by the Ordinance...

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