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SPTR, INC. v. CITY OF PHILADELPHIA

No. 1264 C.D. 2015.

150 A.3d 160 (2016)

SPTR, INC., Newbolds Brew LLC, The American Sardine Bar, Inc., and the Point Breeze Fund LLC v. CITY OF PHILADELPHIA, Appellant.

Commonwealth Court of Pennsylvania.

Decided: November 21, 2016.

Attorney(s) appearing for the Case

Elise Bruhl , Senior Attorney, Philadelphia, for appellant.

Stephen R. Murphy , Philadelphia, for appellees.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE JAMES GARDNER COLINS, Senior Judge

City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) granting an emergency petition for preliminary injunction to allow the operation of a pop-up beer garden in a residential district in the City pending disposition of a use permit application. The City argues...

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