Medred Liquor License Case
Medred Liquor License Case
Opinion of the Court
Opinion by
Appellee Frank Medred, Jr., the holder of Restaurant Liquor License No. R-3405, applied to the Liquor Control Board for its transfer from his restaurant' at 731 Fifth Avenue, New Kensington, Westmoreland County, Pennsylvania, to 2555 Seventh Street Road in the same municipality. Certain persons living near the new location appeared at the hearing on the application and objected to it being granted. The Board found Medred to be a reputable person, that his new establishment would comply with statutory requirements and was not within 300 feet of a church, school, hospital, charitable institution or public playground, nor within 200 feet of an existing establishment licensed for the retail sale of alcoholic beverages, that the area within a radius of 500 feet of the new establishment was residential and rural, but refused the transfer, stating, “. . .it being evident that such transfer would be detrimental to the welfare, health, peace and morals of the inhabitants of the neighborhood within a radius of 500 feet of the premises proposed to be licensed.”
On appeal to the Quarter Sessions Court of that county, Honorable L. Alexander Sculco, Judge, concluded, after hearing, that “There is no substantial evidence in the present record that the transfer of the appellant’s liquor license to the subject premises would have any appreciable adverse effect upon the welfare, health, peace, and morals of the neighborhood within a radius of five hundred feet”, overruled the Board and granted the transfer. The Board appealed and later Nancy Slinker and Charles M. Slinker, two of the protestants, appealed. However, the appeal of the protestants has been discontinued leaving only the appeal by the Board before us.
We have reviewed the record thoroughly in order to determine whether the Board abused its adminis
Since neither the lower court nor this Court may substitute its discretion for that of the Board we must determine whether the Board exceeded its powers which are defined in Zermani Liquor License Case, 173 Pa. Superior Ct. 428, 98 A. 2d 645 (1953), and repeated in Manns Liquor License Case, 207 Pa. Superior Ct. 340, 343, 217 A. 2d 848, 850 (1966), as, “‘an abuse of discretion is not merely an error of judgment, but if in reaching a conclusion the law is overridden or misapplied, or the judgment exercised is manifestly unreasonable, or the result of partiality, prejudice, bias or illwill, as shown by the evidence or the record, discretion is abused.’ ”
From all we can gather from the record and from the brief filed by counsel for the intervenors-protestants below
Although the objectors expressed the opinion that the proposed tavern would be detrimental there is nothing to support it except the traffic hazard argument. What the objectors are really saying is that they do not want a tavern in their neighborhood. This is not enough. We find no reliable evidence in support of the other argument pertaining to the possible depreciation in real estate values. In fact, the evidence is to the contrary.
We conclude, as did the lower court, that the Board was too much impressed by the fact that there were a number of protestants, causing it to exercise its discretion by reason of that fact rather than the record.
Lacking sufficient evidence to support the refusal of this transfer, the Board abused its discretion.
Order affirmed.
The Board relies on this brief in support of its appeal, filing no separate brief.
Dissenting Opinion
Dissenting Opinion by
The record in the instant case clearly discloses that the court of quarter sessions improperly substituted its discretion for that of the Board. In the words of the late Judge Flood: “The opinions that this establishment would be detrimental, together with the reasons given for these opinions, were evidence to be considered by the Board along with the testimony to the contrary by the appellant’s witnesses. The resolution of this conflict was for the Board and its determina
Case-law data current through December 31, 2025. Source: CourtListener bulk data.