Commonwealth v. Court House Motor Inn, Inc.

Opinion by

Judge Rogers,

This case requires us to decide whether the practice of the Pennsylvania Liquor Control Board, supported by the courts, of refusing to issue or to transfer licenses to properties subject to deed restrictions against the sale of intoxicating drink, should now be disapproved. The court below concluded that it should and we agree:

The appellee, Court House Motor Inn, Inc., applied to the Liquor Control Board for a new hotel liquor license for its 40 unit motel and restaurant located in Doylestown. The appellee’s property is a small part of a tract of land which in 1926 was…