Supreme Court of Pennsylvania

Brozzetti, M. v. Pgcb, Aplt.

March 20, 2025

Summary

The Supreme Court of Pennsylvania reversed the Pennsylvania Gaming Control Board’s denial of video‑gaming licenses to several applicants, holding that the Board’s reliance on generalized criticisms of the “skill games” industry, rather than specific evidence of the applicants’ character, was an arbitrary and capricious exercise of discretion. The Court affirmed that review is governed by Section 704 of the Administrative Agency Law, applying an abuse‑of‑discretion standard, and vacated the Commonwealth Court’s order directing issuance of the licenses, remanding for further consideration consistent with this opinion.