Giant Food Stores, LLC v. Penn Township
2017 Pa. Commw. LEXIS 496
| Pa. Commw. Ct. | 2017Background
- Giant Food Stores contracted to purchase a restaurant liquor license located in Tredyffrin Township and requested Penn Township’s approval to transfer the license into Giant’s Penn Township store.
- Under 47 P.S. § 4-461(b.3), municipalities must hold a public hearing and render a decision within 45 days; the statute states that a municipal denial "may not be appealed."
- Penn Township held a hearing, received public comment, and adopted a resolution denying Giant’s request.
- Giant filed an appeal from the township’s denial to the Chester County Court of Common Pleas under the Local Agency Law; Penn Township moved to quash as premature, arguing Giant must first apply to the PLCB and then appeal under the Liquor Code.
- The trial court granted the motion and quashed Giant’s appeal. Giant appealed to the Commonwealth Court, which reversed and remanded for further proceedings under the Local Agency Law.
Issues
| Issue | Plaintiff's Argument (Giant) | Defendant's Argument (Penn Township) | Held |
|---|---|---|---|
| Whether Giant could appeal the township’s denial under the Local Agency Law despite Liquor Code language barring appeals | Local Agency Law §751–752 permits appeals from local agency adjudications even if another statute says there is no appeal; Maritime Management supports that statutory bar does not preclude Administrative/Local Agency Law appeals | The Liquor Code’s explicit prohibition shows the legislature intended municipal denials not be reviewable; Maritime Management is distinguishable | Court held municipal denial is an "adjudication" and Giant may appeal under the Local Agency Law; reversed trial court quash |
| Whether Giant’s appeal was premature (must first apply to PLCB without municipal approval and then appeal PLCB denial under Liquor Code §464) | Requiring Giant to submit a PLCB application lacking required municipal approval would be futile; PLCB denial would be ministerial and would not allow review of the municipality’s merits; Giant may directly appeal the township decision under Local Agency Law | Giant should be required to exhaust the PLCB route and then appeal from any PLCB denial under §464; municipal decision is not independently reviewable under the Liquor Code | Court held appeal was not premature; applicant need not await a ministerial PLCB rejection and may appeal the municipal adjudication directly under the Local Agency Law |
Key Cases Cited
- Maritime Management, Inc. v. Pennsylvania Liquor Control Bd., 611 A.2d 202 (Pa. 1992) (Administrative Agency Law provides right to appeal despite Liquor Code prohibition)
- SSEN, Inc. v. Borough Council of Eddystone, 810 A.2d 200 (Pa. Cmwlth. 2002) (municipal denial of intermunicipal transfer is an adjudication)
- In re Application for Liquor License of Thomas, 829 A.2d 410 (Pa. Cmwlth. 2003) (applicant must either obtain municipal approval or appeal municipal denial to trial court; should not be forced to seek ministerial PLCB rejection)
- Application of Family Style Restaurant, 468 A.2d 1088 (Pa. 1983) (Administrative Agency Law provides appeal rights separate from Liquor Code)
- Pittman v. Pennsylvania Board of Probation & Parole, 159 A.3d 466 (Pa. 2017) (court skepticism of statutory schemes that deny appellate review of administrative decisions)