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LOUSIL, INC. v. LIQ. C. BD. & CITY OF PHILA

Appeal, No. 458 C.D. 1971.

5 Pa.Commw. 33 (1972)

Lousil, Inc. v. Liquor Control Board and City of Philadelphia, Intervenor.

Commonwealth Court of Pennsylvania.

March 21, 1972.

Attorney(s) appearing for the Case

Arthur S. Lorch, for appellant.

Alexander J. Jaffurs, Assistant Attorney General, with him Albert B. Miller, Special Assistant Attorney General, and J. Shane Creamer, Attorney General, for appellee.

James M. Penny, Jr., Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor, and Levy Anderson, City Solicitor, for Intervenor.

Argued February 8, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, March 21, 1972:

Once again we are urged, for unquestionably sound reasons of community betterment, to strain the construction of an Act of the General Assembly and to ignore a holding of our Supreme Court; and to do so, furthermore, with reference to a matter readily subject to amelioration by the Legislature, if that be its will. It is not within the authority of this or any court to rewrite the statutory law of the Commonwealth definitively...

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