Carver House, Inc. Liquor License Case

Dissenting Opinion by

Mr. Justice Pomeroy :

For reasons nowhere set forth in its opinion, the Court today makes a sacred cow of the Pennsylvania Liquor Control Board by holding that it is impossible for the Board to commit an abuse of discretion in im*44posing a penalty for violation of the Liquor Code where the facts are not in dispute.1 I must dissent from this unwise and unjustifiable departure from the normal minimum judicial review of administrative action.2

The majority asserts that the issue today is controlled by “over twenty years of salutary and well settled case law.” In my view the case…