Pereus Food Emporium, Inc. v. Pennsylvania Liquor Control Board

I respectfully dissent. I believe that the evidence of record supports the trial court’s determination that Applicant met the “actual need” requirements as set forth in West Reading Tavern v. Pennsylvania Liquor Control Board, 710 A.2d 648 (Pa.Cmwlth.1998) and Chadds Ford Tavern, Inc. v. Pennsylvania Liquor Control Board, 736 A.2d 70 (Pa.Cmwlth.1999). With regard to the unique services provided by Villa Capri, the trial court made the following findings:

7. The Petitioner’s premises is the only establishment in Middle Smithfield Township that cooks its bread and sauces from all fresh…