Chilcott's License
Chilcott's License
Opinion of the Court
This is an appeal from an order refusing the appellant’s application for a retail liquor license for premises situate in the Village of Hite, East Deer Township, Allegheny County. The appellant’s counsel correctly argue that an appeal from such an order is in effect but a certiorari, yet where the court sets forth in the record as part of its final order the reasons for its action, the appellate court will determine whether the reasons thus assigned are legal reasons: Gemas’s License, 169 Pa. 43. The same has been held, practically, where the court filed an opinion in connection with the order, or even after making the order which was evidently intended-to express its reason or reasons for refusing the application. See Venango County Liquor License, 58 Pa. Superior Ct. 277, 294, and cases there cited. In the case in hand, the court stated in its order that it refused the license for reasons set forth in opinions filed. We have, therefore, examined and considered the reasons assigned by the court in the opinions as if they had been embodied at length in the final order. It is thus seen that the court held that the local option law of April 3, 1872, P. L. 804, which originally applied to East Deer Township as then constituted was intended to constitute the entire
The order is affirmed.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Liquor laws — Refusal of license — Local option district — Division of district — Appeals—Review. An appeal from an order refusing a liquor license is in effect but a certiorari, yet where the court sets forth in the record as part of its final order the reasons for its action, the appellate court will determine whether the reasons thus assigned are legal reasons; and the same rule applies where the reasons are not set forth in the order itself, but are stated in an opinion filed in the proceedings. Where a district has been created a local option district under the Act of April 3, 1872, P. L. 804, but has been subsequently divided into different municipal divisions, the aggregate vote of the whole territory as originally constituted, governs the question of “license” or “no license” for all the new divisions, and not the vote of each division.