HSP GAMING, L.P. v. CITY OF PHILADELPHIA

No. 28 EM 2008.

954 A.2d 1156 (2008)

HSP GAMING, L.P., Appellant v. CITY OF PHILADELPHIA, Appellee.

Supreme Court of Pennsylvania.

August 22, 2008.


Attorney(s) appearing for the Case

Stella Ming Tsai, Esq., Brian Charles Vance, Esq., James W. Christie, III, Esq., Matthew H. Shusterman, Esq., Christie, Pabarue, Mortensen and Young, Philadelphia, for City Council of Phila. & Council-member Frank DiCicco.

Jennifer M. McHugh, Esq., West Conshohocken, Stephen A. Cozen, Esq., F. Warren Jacoby, Esq., Cozen O'Connor, Philadelphia; William H. Lamb, Esq., Scot Russel Withers, Esq., Lamb McErlane, PC, West Chester; Richard A. Sprague, Esq., Charles J. Hardy, Esq., Thomas A. Sprague, Esq., Sprague & Sprague, Philadelphia, for HSP Gaming, L.P.

Anthony Michael Pratt, Esq., Robin Peduzzi Sumner, Esq., Amy B. Ginensky, Esq., David Vincent Dzara, Esq., Pepper Hamilton, L.L.P.; Richard Gerson Feder, Esq., Shelley Roxanne Smith, Esq., Mark R. Zecca, Esq., Kelly Susan Diffily, Esq., City of Philadelphia Law Department, Philadelphia, for City of Philadelphia.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD, McCAFFERY and GREENSPAN, JJ.


OPINION

Chief Justice CASTILLE.

This appeal presents the following issues: (1) whether the City of Philadelphia has the authority to issue a license authorizing construction on submerged lands under the Delaware River pursuant to Act 321 of June 8, 1907, P.L. 488, 53 P.S. § 14199 ("Act 321"); and, if so, (2) whether the City of Philadelphia's Notice of Revocation of License Issued in Error, dated January 24, 2008, was valid. For the reasons that...

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