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REPLOGLE v. P.L.C.B.

No. 2467 C.D. 1985.

95 Pa.Commw. 614 (1986)

506 A.2d 499

Douglas Steve Replogle, Petitioner v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board, Respondent.

Commonwealth Court of Pennsylvania.

March 17, 1986.

Attorney(s) appearing for the Case

Richard S. Wilt, for petitioner.

Michael L. Harvey, Deputy Attorney General, with him, Allen C. Warshaw, Executive Deputy Attorney General, and LeRoy S. Zimmerman, Attorney General, for respondent.

Argued February 4, 1986, before Judges CRAIG and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 17, 1986:

The Pennsylvania Liquor Control Board preliminarily objects to Douglas Steve Replogle's original jurisdiction request for a declaratory judgment that section 472 of the Liquor Code, Act of April 12, 1951, P.L. 90, as amended, 47 P.S. §4-472, which permits municipalities to exercise a local option to prohibit the issuance or renewal of various liquor licenses, is in violation of the Pennsylvania and United States...

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