A business can still appeal directly from a local government’s denial of an intermunicipal liquor license transfer, despite the Pennsylvania Liquor Code’s prohibition on appeals, a sharply divided Commonwealth Court en banc has ruled in a published opinion.
The panel ruled 4-3 in Giant Foods LLC v. Penn Township to reverse a Chester County trial judge’s ruling that plaintiff Giant Foods could not appeal directly from Penn Township’s denial of its application to transfer a liquor license from Tredyffrin Township. The trial judge had instead ruled that Giant would need to file an application for a transfer with the Pennsylvania Liquor Control Board and then appeal from that decision.
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