425-429, Inc. Liquor License Case

Dissenting Opinion by

Ervin, J.

This is an appeal from the order of the lower court allowing the transfer of a restaurant liquor license to premises located within 300 feet from a religious institution. I am obliged to dissent from the majority opinion.

It is true that in Azarewicz Liquor License Case, 163 Pa. Superior Ct. 459, 461, 62 A. 2d 78, this Court said: “No court on appeal has power to review that discretion, except upon making new and different findings of fact.” In that case we also clearly held that the discretion to grant or refuse a license within 300 feet of a restrictive…