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HILL LIQUOR LICENSE CASE

Nos. 518 and 550 C.D. 1977.

36 Pa.Commw. 604 (1978)

In the Matter of: Appeal and Petition of Elmer J. Hill, Jr., t/a Grace's. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant. Re: Elmer J. Hill, Jr., t/a Grace's, 1121 Bower Hill Road, Pittsburgh, Pa. Mt. Lebanon School District, an aggrieved party, Appellant.

Commonwealth Court of Pennsylvania.

July 20, 1978.

Attorney(s) appearing for the Case

James P. Deeley, with him J. Leonard Langan, Assistant Attorney General, Harry Bowytz, Chief Counsel, and Robert P. Kane, Attorney General, for appellant, Pennsylvania Liquor Control Board.

Donald C. Bush, with him Dale P. Frayer, and Anderson, Moreland & Bush, for appellant, Mt. Lebanon School District.

Jerome Hahn, with him George I. Bloom, for appellee.

Argued May 5, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and BLATT, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., July 20, 1978:

The Pennsylvania Liquor Control Board (Board) appeals the decision granting Elmer J. Hill, Jr., t/a Grace's (Hill) a restaurant liquor license. This application for a license had been rejected by the Board because the premises were within 300 feet of a school1 and for two other unrelated causes. Upon appeal by Hill to the Court of Common...

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