Appeal Of Philadelphia's Sweetened Beverage Tax Could Go To PA Supreme Court
CITY HALL (CBS) -- It appears an appeal of Philadelphia's sweetened beverage tax could go straight to the State Supreme Court. The city has asked the high court to take it and the beverage industry, which is appealing, doesn't object.
The so-called "King's Bench" petition allows the parties to skip a step.
Ordinarily the case would go to Commonwealth Court next, but then whoever lost there would likely appeal and city said a final determination is needed before it can go forward with the pre-K expansion and other programs the tax will fund.
City solicitor Sozi Tulante said it is likely going to the state court.
"I think everybody agrees that it's probably going to end up in the Supreme Court so even though the Commonwealth Court had set an expeditious schedule and is fully capable of handling the case, we think if we're going back to the Supreme Court, we might as well go now."
The beverage industry had actually asked the Supreme Court to take the case even before it was heard at the Common Pleas level.
The Supreme Court declined, but may want to take it now that it has the Common Pleas record to rule on. A Common Pleas judge, last month, upheld the legality of the tax.
