# Penn State Faculty Club v. Commonwealth

> Commonwealth Court of Pennsylvania · January 10, 1978 · 33 Pa. Commw. 320

URL: https://www.frixlaw.com/law-library/cases/6364099

## Case

- **Full name:** In Re: Appeal of Penn State Faculty Club From Refusal of Pennsylvania Liquor Control Board to Grant New Club Liquor License. Penn State Faculty Club v. Commonwealth of Pennsylvania, Pennsylvania Liquor Control Board
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** January 10, 1978
- **Citations:** 33 Pa. Commw. 320; 381 A.2d 1017; 1978 Pa. Commw. LEXIS 804
- **Precedential status:** Published
- **Opinion:** Dissent by Crumlish
- **Judges:** Blatt, Bowman, Crumlish, Mencer, Rogers, Wilkinson
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6364099

## Opinion text

*338 Dissenting Opinion by
Judge Crumlish, Jr. :
I must respectfully dissent.
As noted by Judge Mencer, the term “resort area” is not statutorily defined. However, in interpreting the legislative history of the Liquor Code, the definition of the term has been construed by the Courts of this Commonwealth to depend on the needs of the people. As stated by Mr. Justice Eagen (now Chief Justice) in Willowbrook Country Club, Inc. Liquor License Case, 409 Pa. 370, 374-75 , 187 A.2d 154, 156 (1962), and reiterated by this Court in In Re: Application of Dorothy R. Hohl, 20 Pa. Commonwealth Ct. 490, 492 , 342 A.2d 493, 494 (1975), “the requirement of necessity in a resort area must be considered in light of: the circumstances under which the applicant operates, ‘The term “actual necessity” in determining the need for a liquor license will be given a broad construction so as to mean substantial need in relation to- the pleasure, convenience and general welfare of the persons who would make use of the facility.’ ”
The majority opinion does not adequately address the needs of The Pennsylvania State University faculty members.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6364099. Public record. Not legal advice.