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PA. LIQ. CON. BD. v. CT. HOUSE M. INN, INC.

No. 647 C.D. 1973.

13 Pa.Commw. 164 (1974)

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant, v. Court House Motor Inn, Inc., Appellee.

Commonwealth Court of Pennsylvania.

April 19, 1974.

Attorney(s) appearing for the Case

Albert B. Miller, Special Assistant Attorney General, with him Alexander J. Jaffurs, Assistant Attorney General, and Israel Packel, Attorney General, for appellant.

Derek J. Reid, with him William H. Eastburn, III, and Eastburn and Gray, for appellee.

Argued April 1, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, April 19, 1974:

This case requires us to decide whether the practice of the Pennsylvania Liquor Control Board, supported by the courts, of refusing to issue or to transfer licenses to properties subject to deed restrictions against the sale of intoxicating drink, should now be disapproved. The court below concluded that it should and we agree.

The appellee, Court House Motor Inn, Inc., applied to the Liquor Control Board for a new...

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