5708 K & T, v. LIQUOR CONTROL BD.

No. 2055 C.D. 2007

951 A.2d 1232 (2008)

5708 K & T, INC. v. PENNSYLVANIA LIQUOR CONTROL BOARD Appeal of Pennsylvania State Police, Bureau of Liquor Control Enforcement.

Commonwealth Court of Pennsylvania.

Decided June 13, 2008.


Attorney(s) appearing for the Case

James E. Dailey, Asst. Counsel and Thomas M. Ballaron, Supervising Attorney, Philadelphia, for appellant.

No appearance entered on behalf of appellee.

BEFORE: SMITH-RIBNER, Judge, and SIMPSON, Judge, and FLAHERTY, Senior Judge.


OPINION BY Senior Judge FLAHERTY.

The Pennsylvania State Police, Bureau of Liquor Control Enforcement (Bureau) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) which granted 5708 K & T, Inc.'s (K & T) appeal and reversed the decision of the Pennsylvania Liquor Control Board (Board), finding that the citations at issue are not enforceable. We affirm.

Section 407 of the Liquor Code, 47 P.S. § 4-407 sets forth...

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