By Pat Loeb

PHILADELPHIA (CBS) — As expected, the soda industry is appealing a Commonwealth Court ruling that Philadelphia’s Beverage Tax is legal.

The industry’s lawyer, Shanin Specter, asks the state Supreme Court to hear its appeal for three reasons.

One, he argues, the Common Pleas and Commonwealth Court decisions in favor of the city conflict with precedent the high court has set.

Two, that the tax has a “peculiar design” that warrants review, and three, “the issue… holds immense public interest and will surely recur,” said Specter.

In a statement, Mayor Jim Kenney says it’s unfortunate the industry continues to challenge the tax, despite two rulings against it, because, he says, it means citizens must wait for expanded pre-K, community schools, and public facility renovations.

The one-and-a-half-cent an ounce tax was levied to fund those programs, but the city has scaled back plans until all litigation is settled.

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