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PA. LIQ. CON. BD. v. KINGSTON R., INC.

No. 2498 C.D. 1982.

86 Pa.Commw. 123 (1984)

Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant v. Kingston Realty, Inc., Appellee.

Commonwealth Court of Pennsylvania.

November 21, 1984.

Attorney(s) appearing for the Case

Felix Thau, Assistant Counsel, with him, Gary F. DiVito, Chief Counsel, and J. Leonard Langan, for appellant.

Gaele McLaughlin Barthold, Assistant District Attorney, Chief, Prosecution Appeals, with her, Eric B. Henson, Deputy District Attorney, for appellee.

Argued June 4, 1984, before Judges ROGERS, COLINS and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE COLINS, November 21, 1984:

In this appeal, we must determine whether the police power of the Commonwealth, as exercised through the State Police and a lawfully elected District Attorney, may be preeminent to certain regulatory powers of the State Liquor Control Board (Board).

On June 17, 1980, a shell corporation known as Kingston Realty, Inc. (Kingston) was formed at the direction of the Philadelphia County District Attorney's Office and...

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