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Wegmans Update

August 14, 2009


On August 7th the Pennsylvania Supreme Court took the following action in the Wegmans litigation.

Due to having missed a filing deadline Wegmans cross-appeal was dismissed. The issue raised on cross-appeal was that of "standing" , which challenged MBDA's right to intervene in the Wegmans license applications. That issue is no longer before the Court, leaving in effect the Commonwealth Court decision that granted MBDA standing.

The Court also dismissed the King's Bench Petition MBDA filed attempting to have the appeal of theThomas' Market license by-pass Commonwealth Court and go directly to the Supreme Court. The dismissal was not unexpected as King's Bench Petitions are "extraordinary" appeals and the Supreme Court does not usually hear appeals that by-pass a lower court.

These actions indicate the Court is considering the Petitions for Allowance of Appeal MBDA filed in the Wegmans litigation and it may be an indication that we will soon know if those petitions will be heard.

 
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