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MOONLITE CAFÉ, INC. v. DEPT. OF HEALTH

No. 1111 C.D. 2010.

23 A.3d 1111 (2011)

MOONLITE CAFÉ, INC. d/b/a Moonlite Café, Petitioner v. DEPARTMENT OF HEALTH, Respondent.

Commonwealth Court of Pennsylvania.

Decided May 17, 2011.

Publication Ordered August 2, 2011.

Attorney(s) appearing for the Case

Charles L. Caputo , Pittsburgh, for petitioner.

Keith B. Fickel , Senior Counsel, Harrisburg, for respondent.

BEFORE: LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge BROBSON.

Moonlite Café, Inc. d/b/a Moonlite Café (Petitioner) petitions for review of a final determination of the Department of Health (Department), issued May 13, 2010, which upheld the decision of the Department's Bureau of Health Promotion and Risk Reduction (Bureau). The Bureau denied Petitioner's application for an exception under the Clean Indoor Air Act (CIAA), Act of June 13, 2008, P.L. 182, 35 P.S. §§ 637.1-.11. For the...

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