Log Cabin Property, LP v. PA LCB, Aplt.

Summary

The Supreme Court of Pennsylvania held that the Pennsylvania Liquor Control Board is a “person” under Section 8303 and that sovereign immunity does not bar mandamus damages arising from the Board’s failure to perform a statutory duty. The Court also held that the appeals were immediately reviewable as collateral orders because the immunity issues were separable, important, and irreparably lost if review were postponed. The Court affirmed the Commonwealth Court’s rulings and remanded for further proceedings, while concluding that any non-immunity challenge to attorneys’ fees was premature.