noting that Board asserts claims were waived but “has not pointed this [C]ourt to anything reassuring us that [losing applicants] had a way in which to lodge such objections to the financial suitability inquiry conducted by the Board” with inspect to winning applicant
How later courts described this case
- noting that Board asserts claims were waived but “has not pointed this [C]ourt to anything reassuring us that [losing applicants] had a way in which to lodge such objections to the financial suitability inquiry conducted by the Board” with inspect to winning applicant
- Board “logically and properly” weighed negative comments from public in rendering licensing decision
- Board may consider quality of facility in determining which applicant receives slots license, but Act does not impose burden on applicant to show by clear and convincing evidence that its proposed facility is “the best quality”
- application process is fluid and anticipates submission of additional materials by applicants
Written by the judges who cited it.
The opinion
Justice BALDWIN,
concurring.
I join the majority opinion. I write separately to address the prudent man standard of care. Having given careful consideration to Petitioner’s arguments, I read the majority opinion to confirm that the “prudent man” standard of care, imposed upon the Board, is subsumed within the standard of review for this Court articulated in 4 Pa.C.S. § 1204 (error of law, or order was arbitrary and there was a capricious disregard of the evidence). That is, this Court is not to apply the standard of care itself, but rather, to review whether the Board acted in an arbitrary manner or with capricious disregard for the evidence, a finding which could be supported by the Board’s failure to apply the prudent man standard of care. Because I agree with the majority that the Board did not act in an arbitrary manner or with capricious disregard for the evidence in the instant case, I join that opinion. See, Majority Opinion, op. at 678-79, 927 A.2d at 241-42.