Nealon Liquor License Case

Opinion by

Spaulding, J.,

This is an appeal by the Pennsylvania Liquor Control Board from an order of the County Court of Allegheny County reversing the Board and directing it to grant the transfer of a réstaurant liquor license. This matter is controlled by §404 of the Act of April 12, 1951, P. L. 90, as amended, 47 P.S. 4-404.

The Board found that the premises to which appellee sought to transfer her license were within 300 feet of a church and within 200 feet of eight properties currently licensed for the sale of alcoholic beverages.

At a trial de novo, the court below concluded that the…