By Pat Loeb

by Pat Loeb

PHILADELPHIA (CBS) — The suit against Philadelphia’s sweetened beverage tax will stay in Commonwealth Court for now.

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The state Supreme Court has denied a petition to hear the case right away.

The decision is not a surprise to either party.

The city filed the request more than a month ago, in what officials said was an effort to get the case finally resolved more quickly so the more time that passed, the more likely it seemed the high court would decline.

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The Supreme Court order is just one sentence, so it’s not clear why they declined.

But the beverage industry attorney says, in an email, “The City’s request looked like an effort to avoid the Commonwealth Court.”

The city solicitor’s statement says he’s “confident Commonwealth Court will uphold the legality of the…tax,” as Common Pleas Court did.

The beverage industry did not respond to a request for comment.

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Commonwealth Court hears the case April 3rd. Whichever side loses is likely to appeal, again, to the Supreme Court.