Legal Opinion

Western Pennsylvania Restaurant Ass'n v. Pittsburgh

Supreme Court of Pennsylvania

Decided January 2, 1951No. Appeal, 124PublishedCited by 92 opinions

1Opinion of the Court

Opinion by

Mr. Justice Horace Stern,

The question is whether the City of Pittsburgh may validly enact an ordinance to safeguard the public health by regulating the operation of restaurants within the city. Ordinarily the answer to such a question would clearly be in the affirmative because the city’s Charter Act (Act of March 7, 1901, P.L. 20, Article XIX, section XXXIII) vests in it the power “To make regulations to secure the general health of the inhabitants . . . .”, — a power which, indeed, it would probably possess even in the absence of such a specific grant: Wartman v. The City of…

2Cases cited17 opinions

  1. Hertz Drivurself Stations, Inc. v. SigginsSupreme Court of Pennsylvania · 1947
  2. Natural Milk Producers Ass'n v. City & County of San FranciscoCalifornia Supreme Court · 1942
  3. Adams v. New KensingtonSupreme Court of Pennsylvania · 1947
  4. Commonwealth v. Warner Bros. Theatres, Inc.Supreme Court of Pennsylvania · 1942
  5. Philadelphia v. BrabenderSupreme Court of Pennsylvania · 1902

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3Cited by92 opinions

  1. Harris-Walsh, Inc. v. Dickson City BoroughSupreme Court of Pennsylvania · 1966
  2. Council of Middletown Township v. BenhamSupreme Court of Pennsylvania · 1987
  3. United Tavern Owners v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1971
  4. Huntley & Huntley, Inc. v. Council of OakmontSupreme Court of Pennsylvania · 2009
  5. Nutter v. DoughertySupreme Court of Pennsylvania · 2007

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