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PA. LIQUOR CONTROL BD. APPEAL

No. 731 C.D. 1984.

83 Pa.Commw. 598 (1984)

In Re: Jim Thorpe Borough Liquor Store Protest. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Appellant.

Commonwealth Court of Pennsylvania.

July 11, 1984.

Attorney(s) appearing for the Case

Felix Thau, Assistant Counsel, with him, Gary F. DiVito, Chief Counsel, for appellant.

Michael J. Garfield, Garfield & Zeigler, for appellees.

Argued May 3, 1984, before Judges MacPHAIL, COLINS and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE BARBIERI, July 11, 1984:

The Pennsylvania Liquor Control Board (Board) appeals here from an order of the Court of Common Pleas of Carbon County which sustained a protest filed by certain taxpayers to the proposed relocation of a state liquor store in the Borough of Jim Thorpe. The appellees, in turn, have filed a motion to dismiss pursuant to Pa. R.A.P. 1972. We shall grant the motion to dismiss.

The taxpayers, alleging that the proposed site...

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