M.D. Appeal Dkt.

4 MAP 2020

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

WALLACE MCKELVEY AND PENNLIVE : No. 394 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: SMPD : MANUFACTURING, LLC AND SMPB : RETAIL, LLC :

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 concerning a matter of substantial public importance because the opinion below treated similarly situated applicants on the same record with varying degrees of success and, alternatively, did not exercise its discretion to remand for further fact finding?