Legal Opinion
Holt's Cigar Co. v. City of Philadelphia
Supreme Court of Pennsylvania
Decided January 19, 2011No. 27 EAP 2009, 28 EAP 2009PublishedCited by 25 opinions
1Opinion of the Court
OPINION
Justice McCAFFERY.
The issue presented in this case is whether a municipal ordinance regulating the sale of certain tobacco items and other potential drug paraphernalia is preempted by state law. We conclude that the ordinance is inconsistent with the Controlled Substance, Drug, Device and Cosmetic Act, and, accordingly, is preempted.
On January 23, 2007, the Philadelphia City Council enacted an ordinance to
[a]mend[ ] Chapter 9-600 of The Philadelphia Code, entitled “Service Businesses,” to add new provisions to prohibit the sale, from certain retail establishments, of “blunts,”…
2Cases cited9 opinions
- Western Pennsylvania Restaurant Ass'n v. PittsburghSupreme Court of Pennsylvania · 1951
- City of Philadelphia v. SchweikerSupreme Court of Pennsylvania · 2004
- Huntley & Huntley, Inc. v. Council of OakmontSupreme Court of Pennsylvania · 2009
- Nutter v. DoughertySupreme Court of Pennsylvania · 2007
- Mars Emergency Medical Services, Inc. v. Township of AdamsSupreme Court of Pennsylvania · 1999
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Bowling v. Office of Open RecordsSupreme Court of Pennsylvania · 2013
- Taylor v. Extendicare Health Facilities, Inc.Supreme Court of Pennsylvania · 2016
- Taylor v. Extendicare Health Facilities, Inc.Superior Court of Pennsylvania · 2015
- Hoffman Mining Co. v. Zoning Hearing BoardSupreme Court of Pennsylvania · 2011
- Whalen v. Commonwealth, Department of Transportation, Bureau of Driver LicensingSupreme Court of Pennsylvania · 2011
20 more not listed; retrieve them via the Exa API.