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IN RE VOTER REFERENDUM PETITION

No. 59 WAP 2008, No. 60 WAP 2008.

981 A.2d 163 (2009)

In re VOTER REFERENDUM PETITION FILED AUGUST 5, 2008. In re Allegheny County Drink Tax Referendum Directed Pursuant to Allegheny County Ordinance No. 24-08-OR.

Supreme Court of Pennsylvania.

Decided October 1, 2009.

Attorney(s) appearing for the Case

Christopher C. Hoel, Hoel Law Office, Ronald D. Barber, Strassburger McKenna Gutnick & Gefsky, Pittsburgh, for Sean Connolly Casey.

Michael Henry Wojcik, Allegheny County Law Department, Charles P. McCullough, Law Office of Charles P. McCullough, Mark Wolosic, Allegheny County Division of Elections, George M. Janocsko, Allegheny County Law Department, Allan Joseph Opsitnick, Pittsburgh, for Allegheny County.

Alan Thomas Shuckrow, Strassburger, McKenna, Gutnick & Gefsky, for John E. Graf.

Before: CASTILLE, SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice BAER.

We granted review of this case to determine whether two referendum questions relating to the taxation of the sale at retail of alcoholic beverages in Allegheny County could be placed upon a ballot. In July 2007, the General Assembly enacted 53 Pa.C.S. § 8602, permitting Allegheny County to impose a tax on the sale of certain liquors and malt and brewed beverages, at a rate not to...

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