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.

The Commonwealth Court majority found that while a 2006 amendment to the Liquor Code did bar appeals, businesses still have the right to seek review of a municipality's denial of a license transfer under the Local Agency Law because such a denial constitutes an adjudication under that statute.