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PITTAULIS LIQUOR LICENSE CASE

444 Pa. 243 (1971)

Pittaulis Liquor License Case.

Supreme Court of Pennsylvania.

October 12, 1971.

Attorney(s) appearing for the Case

Samuel Rappaport, with him Joseph Rappaport, and Rappaport & Furman, for appellant.

Bruce W. Kauffman, with him David H. Pittinsky, H. Robert Fiebach, Dilworth, Paxson, Kalish, Levy & Coleman, and Wolf, Block, Schorr & Solis-Cohen, for appellee.

I. Harry Checchio, Special Assistant Attorney General, for Pennsylvania Liquor Control Board, appellee.

Before BELL, C.J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION BY MR. JUSTICE ROBERTS, October 12, 1971:

This appeal, taken by an unsuccessful applicant for a liquor license transfer, poses the question whether the Pennsylvania Liquor Control Board can properly reject an otherwise qualified transfer application for the reason that parol evidence indicates that the applicant's lease does not permit the sale of alcoholic beverages on the demised premises. We hold that the Board exceeded its statutory authority in denying...

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