Legal Opinion
Tate Liquor License Case
Superior Court of Pennsylvania
Decided September 12, 1961No. Appeal, 230PublishedCited by 23 opinions
1Opinion of the Court
Opinion by
Woodside, J.,
The constitutionality of the amendment to §404 of the Liquor Code of April 12, 1951, P. L. 90, made by the Act of August 25, 1959, P. L. 746, 47 P.S. §4-404, is before us for determination in this case. The Court of Quarter Sessions of Montgomery County held that the amendment constituted a delegation of legislative powers in violation of Article 2, §1 of the Pennsylvania Constitution.
The amendment added the following to §404, supra:
“And provided further, That the board shall refuse any application for a new license or the transfer of any license to a new location if,…
2Cases cited17 opinions
- A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
- Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
- Belovsky v. Redevelopment AuthoritySupreme Court of Pennsylvania · 1947
- Archbishop O'Hara's AppealSupreme Court of Pennsylvania · 1957
- Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
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3Cited by23 opinions
- Wm. Penn Parking Garage, Inc. v. City of PittsburghSupreme Court of Pennsylvania · 1975
- Chartiers Valley Joint Schools v. Allegheny County Board of School DirectorsSupreme Court of Pennsylvania · 1965
- DePAUL v. KauffmanSupreme Court of Pennsylvania · 1971
- Gismondi Liquor License CaseSuperior Court of Pennsylvania · 1962
- Sullivan v. Board of License CommissionersCourt of Appeals of Maryland · 1982
18 more not listed; retrieve them via the Exa API.