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PHANTOM FIREWORKS SHOWROOMS, LLC v. WOLF

No. 21 M.D. 2018.

198 A.3d 1205 (2018)

PHANTOM FIREWORKS SHOWROOMS, LLC, Sky King Fireworks of Easton, Inc., Sky King Fireworks of Erie, Inc., Sky King Fireworks of Morrisville, Inc., Sky King Fireworks of Tioga, LLC, CRJ Enterprises, LLC, Petitioners v. Tom WOLF, Governor of the Commonwealth of Pennsylvania, Russell C. Redding, Secretary of the Pennsylvania Department of Agriculture, C. Daniel Hassel, Secretary of the Pennsylvania Department of Revenue, Joseph B. Scarnati, III, Pro Tempore of the Senate of Pennsylvania, Mike Turzai, Speaker of the Pennsylvania House of Representatives, Respondents.

Commonwealth Court of Pennsylvania.

Decided December 4, 2018.

Attorney(s) appearing for the Case

Kevin J. McKeon , Harrisburg, for petitioners.

Matthew H. Haverstick , Philadelphia, for respondent Joseph B. Scarnati, III.

Karl S. Myers , Philadelphia, for respondent Mike Turzai.

BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge, HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE ELLEN CEISLER, Judge.

Before this Court, in our original jurisdiction, is a petition for review challenging the constitutionality of the Act of October 30, 2017, P.L. 672, No. 43 (Act 43).

Petitioners are Phantom Fireworks Showrooms, LLC; Sky King Fireworks of Easton, Inc.; Sky King Fireworks of Erie, Inc.; Sky King Fireworks of Morrisville...

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