Giant Eagle, Inc. v. Commonwealth

PALLADINO, Judge.

Petitioner, Giant Eagle, Inc. (Giant Eagle), appeals an order of the Pennsylvania Milk Marketing Board (Board) which *421denied its application for a milk dealer’s license. We reverse and remand.

In July, 1991, Giant Eagle applied to the Board for a milk dealer’s license.1 Thereafter, a hearing was held before a hearing examiner acting on behalf of the Board. At the hearing, the parties stipulated to the following pertinent facts.

4. Giant Eagle, Inc. owns and operates a chain of retail grocery stores located primarily in Western Pennsylvania.

5. Some of the retail grocery stores…