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HOLT'S CIGAR CO., INC. v. CITY OF PHILADELPHIA

No. 588 C.D. 2007.

952 A.2d 1199 (2008)

HOLT'S CIGAR COMPANY, INC., Black Cat Cigar Company, Altadis USA, Inc., Swisher International, Inc., John Middleton, Inc., Cigar Association of America, Inc., and Pennsylvania Distributors Association, Inc. v. The CITY OF PHILADELPHIA and Robert D. Solvibile, in His Official Capacity As Acting Commissioner of the Department of Licenses and Inspections of the City of Philadelphia, Appeal of The City of Philadelphia and Robert D. Solvibile.

Commonwealth Court of Pennsylvania.

Decided June 23, 2008.

Reargument Denied August 15, 2008.

Attorney(s) appearing for the Case

Jane Lovitch Istvan, Philadelphia, for appellants.

Mark A. Aronchick and John S. Stapleton, Philadelphia, for appellees.

BEFORE: LEADBETTER, President Judge, COLINS, Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, FRIEDMAN, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.1

The City of Philadelphia and Robert D. Solvibile, Acting Commissioner of the City's Department of Licenses and Inspections (collectively, the City), appeal an order of the Court of Common Pleas of Philadelphia County (trial court) invalidating a City ordinance that prohibits the sale of certain tobacco products that can be used as drug paraphernalia to ingest marijuana and other illegal drugs. The trial court...

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