Philadelphia Entertainment and Development Partners, L.P., d/b/a Foxwoods Casino Philadelphia, Pet. v. City of Philadelphia, City Council for the City of Philadelphia and Department of Licenses and Inspections of City of Philadelphia (Dissenting Statement)

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[J-100-2007] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT PHILADELPHIA ENTERTAINMENT AND : No. 88 EM 2007 DEVELOPMENT PARTNERS, L.P., d/b/a : FOXWOODS CASINO PHILADELPHIA, : Application for Reargument of Petitioner : Philadelphia Entertainment and Petitioner : Development Partners L.P. d/b/a : Foxwoods Casino Philadelphia and : Request for Expedited Treatment v. : : : CITY OF PHILADELPHIA, CITY : : COUNCIL FOR THE CITY OF : PHILADELPHIA, AND THE : DEPARTMENT OF LICENSES AND : INSPECTIONS OF CITY OF : PHILADELPHIA, Respondents CONCURRING STATEMENT MR. JUSTICE CASTILLE FILED: December 21, 2007 On the current pleadings, I agree with the denial of the Application for Reargument. However, I would allow Petitioner Philadelphia Entertainment and Development Partners ( PEDP ) the opportunity to amend the original filing in this matter to augment the record with additional and/or disputed facts that demonstrate that PEDP is in fact situated identically to the petitioners in HSP Gaming L.P. v. Council for the City of Philadelphia, ___ A.2d ___ (Pa. 2007), 2007 WL 4226871. I would also retain jurisdiction.

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