After another emergency motion for supersedeas filed on Friday, Common Pleas court judge Linda Carpenter decided to grant the motion to allow the Point Breeze Pop-Up Beer Garden to re-open while the court awaits full arguments to be heard on the legality of the zoning matter raised by the City’s Department of Licenses and Inspections which brought enforcement action out.

The beer garden announced on its Facebook page that it will re-open at 2pm Saturday.

 

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Interestingly enough Mark McDonald, the press secretary for Mayor Michael Nutter has thrown his own legal opinion into the ring:

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At the heart of this dispute is the land on which the beer garden sits.  It is zoned RM-1, which only permits limited forms of residential housing by-right without the need for a use variance.   Commercial uses on RM-1 zoned property must obtain a zoning variance from the City by filing a two-page form with the Department of License and Inspections.

Longacre maintains that his liquor permits allow him to place his beer garden anywhere as the state liquor permits override the zoning code.

So far the only known type of state permit that actually does override the entire City zoning code are casinos.  This came about through a Pennsylvania State Supreme court decision for the citing of Sugarhouse Casino.  It is not known whether Longacre’s claim that his rotating catering licenses would do the same.

We will probably find out soon as Judge Carpenter’s order allowing the beer garden demands:

IT IS HEREBY ORDERED AND DECREED THAT THE SAID MOTION IS GRANTED. THE STATUS QUO IS PRESERVED AND PETITIONERS MAY OPERATE THE BEER GARDEN IN ACCORDANCE WITH THIS COURT ORDER OF JULY 10, 2015. RESPONDENT SHALL HAVE UNTIL 7/27/2015 AT 12:00 PM TO FILE A RESPONSE AFTER WHICH A FINAL ORDER SHALL BE ENTERED. SEE ORDER FOR COMPLETE TERMS. …BY THE COURT: CARPENTER, J. 7/24/2015

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