Commonwealth v. J-D 201 Corp.

38 Pa. D. & C.3d 279, 1983 Pa. Dist. & Cnty. Dec. LEXIS 39
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJuly 22, 1983
Docketno. 1739
StatusPublished
Cited by2 cases

This text of 38 Pa. D. & C.3d 279 (Commonwealth v. J-D 201 Corp.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. J-D 201 Corp., 38 Pa. D. & C.3d 279, 1983 Pa. Dist. & Cnty. Dec. LEXIS 39 (Pa. Super. Ct. 1983).

Opinion

TARIFF, J.,

This complaint in equity was filed in May, 1983 by the Commonwealth [280]*280of Pennsylvania by Edward G. Rendell, District Attorney of Philadelphia County, pursuant to the provisions of the Act of April 12, 1951, P.L. 90 as amended, currently codified at 47 Pa.C.S. §1-101 et seq. (the “Liquor Code”), and pursuant to the claimed inherent powers of the district attorney under common law. Defendants are the J-D 201 Corporation, trading as the Olney Tavern, located at 201 W. Clarkson St., Philadelphia; and Andrew R: Miller and John J. Skahan are the sole stockholders of the corporation.

Pursuant to agreement of counsel at the time of hearing on preliminary injunction on June 30, 1983, the matter has been submitted as on final hearing.

Plaintiff alleges that since approximately 1978, and particularly after January, 1982, defendants, their agents, servants and employees, have operated the Olney Tavern in such a way that it has become a public nuisance. Plaintiff particularly alleges that defendants have violated and continue to violate various provisions of the Pennsylvania Liquor Code, and prays that the operation of the-Olney Tavern be enjoined for a period of one year.

We have deferred ruling pending receipt of the respective parties’ proposed findings of fact and conclusions of law, which were due on July 11, 1983 pursuant to a schedule agreed upon by counsel at the conclusion of hearing and closing argument. We have received plaintiffs proposed findings of fact and conclusions of law; having received neither defendant’s proposed findings of fact and conclusions of law, nor any explanation for the failure to submit such requests up to this date, we delay no further and issue the following

[281]*281FINDINGS OF FACT

1. Plaintiff is the Commonwealth of Pennsylvania, by Edward G. Rendell, District Attorney of Philadelphia County, acting pursuant to the provisions of the Act of April 12, 1951, P.L. 90, as amended by. 47 P.S. §1-101 et. seq., and pursuant to the inherent powers-possessed by the district attorney under the common law.

2. Defendant J-D 201 Corporation, is a corporation existing under the laws of the Commonwealth of Pennsylvania, trading and doing business as Olney Tavern, a bar located at 201 Clarkson Street, Philadelphia, Pa.

'3. The Olney Tavern is located in the Olney section of Philadelphia. The area around the tavern, Second and Clarkson Streets, is overwhelmingly residential, composed of well-kept twin and row houses occupied as single-family dwellings. The only commercial buildings in the immediate area are defendants’ corner tavern and a corner grocery store across the street from the tavern.

4. Defendant J-D 201 Corporation, t/a Olney Tavern, holds Liquor License no. R-9494 issued by the Pennsylvania Liquor Control Board.

5. Defendants Andrew R. Miller and John J. Skahan are the sole shareholders of J-D 201 Corporation stock.

6. Defendants Andrew R. Miller and John J. Skahan have owned the Olney Tavern for approximately five years.

7. Since Andrew R. Miller and John J. Skahan have owned the Olney Tavern, the Pennsylvania Liquor Control-Board has cited defendants on four occasions for violating the provisions of the Liquor Code.

8. In December, 1982, as a result of one of the citations issued to defendants by the Pennsylvania [282]*282Liquor Control Board, defendants’ liquor license was suspended for a period of 10 days.

9. For about the last two years, and continuing to the present time, on numerous and diverse occasions, defendants, their servants, agents and/or employees have served alcoholic beverages to visibly intoxicated persons in violation of the Liquor Code.

10. For about the last two years, defendants, their servants, agents, and/or employees, have allowed the door to the tavern to remain open during business hours, have allowed patrons to loiter outside the tavern, and have allowed patrons to take open beer cans and glasses of beverage in and out of the tavern and loiter on the sidewalk and adjoining premises to drink from such containers.

11. The police officer assigned to work corner complaints in the police district which includés the Olney Tavern, Officer Craig Baker, has, in the last two years, received and responded to numerous complaints to go to the Olney Tavern to deal with problems caused by patrons of the tavern. Officer Baker has observed intoxicated persons inside and outside the tavern, minors inside the tavern, fights outside the tavern, patrons urinating outside the tavern and persons with open drinks in their possession going in and out of the tavern. Officer Baker has testified that the overwhelming majority of the complaints he received with respect to neighborhood incidents concern the Olney Tavern, which he has described as the worst bar in his district.

12. Approximately two years ago, Sara Pizarro and her husband purchased their home which is located across the street from the Olney Tavern. Since that time, as a result of the conduct of the patrons of the Olney Tavern, the Pizarro’s have had beer bottles and cans thrown into their yard and, on [283]*283occasion, against their house, have had their garage struck numerous times by autos driven by persons leaving the tavern, have been subjected to vulgar language and offensive conduct, and have frequently been awakened late at night by loud noises coming from the immediate vicinity of the Olney Tavern. Further, the Pizarro’s have been required to put up iron bars across the windows on the first floor of their house because of their fear that some projectile will be thrown through the window and strike their child; have had to put up a concrete slab near their garage to protect the garage; and have had to cease sitting out on their porch.

13. As a result of the conduct of patrons of the Olney Tavern, residents of the neighborhood are afraid to sit on their porches and/or backyards (testimony of Eleanor Herbert and Mary Sofia); are afraid that their children who play on the street will be hit by a car driven by an intoxicated person (testimony of Roberta Mellor); and are afraid that their parked cars will be hit by a car driven by an intoxicated person (testimony of Eleanor Herbert and Roberta Mellor). Intoxicated patrons of,the bar have hit the parked cars of community residents.

14. As a result of the conduct of the patrons of the Olney Tavern, and the failure of defendants, their agents, servants and .employees to control them, residents of the neighborhood are subjected to loud and obnoxious noises, originating both from within and outside the tavern at all times of the night, are subjected to obscene language, and, are subjected to persons urinating on their property.

15. On numerous occasions, residents of the community have observed defendants Andrew R. Miller and John J. Skahan to be intoxicated when coming out of the Olney Tavern. ,

[284]*284DISCUSSION

The Commonwealth proceeded under two distinct theories at trial; the district attorney’s statutory authority conferred by 47 Pa.C.S. §6-611 (the Liquor Code), and his common-law authority to seek the abatement of a public nuisance.

47 Pa.C.S. §6-611 empowers the district attorney to sue in equity to enjoin any nuisance, as defined in subsection (a) of the act:

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Bluebook (online)
38 Pa. D. & C.3d 279, 1983 Pa. Dist. & Cnty. Dec. LEXIS 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-j-d-201-corp-pactcomplphilad-1983.