M.D. Appeal Dkt.

5 MAP 2020

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

WALLACE MCKELVEY AND PENNLIVE : No. 396 MAL 2019 AND THE PATRIOT-NEWS : : : Petition for Allowance of Appeal from v. : the Order of the Commonwealth Court : : PENNSYLVANIA DEPARTMENT OF : HEALTH, : AND MISSION PENNSYLVANIA, LLC, : KW VENTURES HOLDING, LLC, : CRESCO YELTRAH, LLC, SMPD : MANUFACTURING, LLC/SMPB RETAIL, : LLC AND TERRAPIN INVESTMENT : FUND, 1, LLC (Direct Interest : Participants) : : : : : PETITION OF: PENNSYLVANIA : DEPARTMENT OF HEALTH :

ORDER

PER CURIAM AND NOW, this 28th day of January, 2020, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by Petitioner, is:

Should this Court grant allocatur in this case of first impression and of substantial public importance and reverse the Commonwealth Court’s opinion below because the opinion fails to protect building security in the valuable medical marijuana industry, does not create a workable standard for dealing with iterative redactions in the absence of statutory guidance, and fails to provide a standard for dealing with similarly situated applicants who achieved varying degrees of success on the same record?