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 : DEVELOPMENT PARTNERS, L.P., d/b/a : FOXWOODS CASINO PHILADELPHIA, : : Petitioner : : : v. : : : CITY OF PHILADELPHIA, CITY : COUNCIL FOR THE CITY OF : PHILADELPHIA, AND THE : DEPARTMENT OF LICENSES AND : INSPECTIONS OF CITY OF : PHILADELPHIA, : : Respondents : No. 88 EM 2007 Application for Reargument of Petitioner Philadelphia Entertainment and Development Partners L.P. d/b/a/ Foxwoods Casino Philadelphia and Request for Expedited Treatment CONCURRING STATEMENT MR. JUSTICE BAER FILED: December 21, 2007 This Court being prohibited from considering facts not of record, see Welsh v. Bulger, 698 A.2d 581, 586 (Pa. 1997) (citing, McCaffrey v. Pittsburgh Athletic Association, 293 A.2d 51, 57 (Pa. 1972) (appellate court cannot consider anything which is not part of the record)), I join in the Court s per curiam Order denying the Application for Reargument of Petitioner Philadelphia Entertainment and Development Partners L.P. d/b/a/ Foxwoods Casino Philadelphia and Request for Expedited Treatment.

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