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APPEAL OF BRANDYWINE V. INN, INC.

No. 2191 C.D. 1979.

53 Pa.Commw. 203 (1980)

In Re: Appeal of Brandywine Valley Inn, Inc. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

July 23, 1980.

Attorney(s) appearing for the Case

David Shotel, Assistant Attorney General, with him Kenneth W. Makowski, Acting Chief Counsel and Edward Biester, Jr., Attorney General, for appellant.

Robert J. Shenkin, MacElree, Harvey, Gallagher, O'Donnell & Featherman, LTD., for appellee.

John H. Bream, for Chester County Tavern Association.

Argued May 5, 1980, before Judges WILKINSON, JR., CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, July 23, 1980:

Brandywine Valley Inn, Inc. (Appellant) filed an application for a liquor license to the Pennsylvania Liquor Control Board (Board) under Section 461(b) of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. § 4-461(b), the "resort area" exception.1 The Board conducted a hearing and refused to grant the license. An appeal was filed to the Court of Common Pleas of Chester...

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