Wawa appeals Concord decision

As anticipated, Wawa has filed an appeal of the Concord Township Board of Supervisors’ decision not to amend the ruling on beer sale restrictions. The appeal was filed last week in the Delaware County Court of Common Pleas.

Supervisors in August granted conditional-use approval for beer sales at the Naaman’s Creek Road Wawa. Among the restrictions were limiting hours of beer sales to 8 a.m. to 10 p.m., Sundays through Thursdays, and 8 a.m. to 11 p.m. on Fridays and Saturdays.

They also restricted on-site consumption of beer to one beer per customer per day.

Wawa requested on Sept. 1 that hours be changed to 8 a.m. to 11 p.m. seven days per week. Attorney John Jaros said at the time that the restaurant liquor license allows beer to be sold 7 a.m. to 2 a.m., but would accept the 8 a.m. to 11 p.m. limit.

Wawa also wants to drop the one-beer-per-day limit. Jaros said last week that Wawa suggested the one-beer limit as something to be self-imposed, not as a condition for approval. He said Wawa wants the option to change that as needed.

According to the paperwork filed with the Court of Common Pleas, the original decision included certain unsupported findings of fact and conditions of law that “and constitute an abuse of the [Board of Supervisors’] discretion and/or error of law.”

The court papers say the abuse or error of law pertains to both the one-beer-per-day limit and restricted hours.

Those papers also contend that limitations on live entertainment and radio music have no basis in law.

In all, Wawa said the township erred on 19 counts and said the decision is “arbitrary, unreasonable and not consistent” with the township zoning code, the state Municipalities Planning Code and the Pennsylvania Liquor Control Code, and is improper.

There is no word yet on when the case will be heard.

About Rich Schwartzman

Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.

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