Philadelphia Entertainment and Development Partners L.P. D/B/A Foxwoods Casino Phila v. City Council for The City of Philadelphia and The City of Philadelphia (Concurring Opinion)

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[J-69-2008] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT PHILADELPHIA ENTERTAINMENT AND : No. 1 EM 2008 DEVELOPMENT PARTNERS, L.P. D/B/A : FOXWOODS CASINO PHILADELPHIA, : Verified Petition for Review and : Application for Summary Relief and Petitioner : Expedited Briefing Schedule : : v. : : : CITY COUNCIL FOR THE CITY OF : PHILADELPHIA AND THE CITY OF : PHILADELPHIA, : : Respondents : SUBMITTED: March 17, 2008 CONCURRING OPINION MR. JUSTICE SAYLOR I agree with the majority that HSP Gaming L.P. v. City Council, ___ Pa. ___, 939 A.2d 273 (2007), is controlling and, for that reason, Petitioners should receive treatment similar to that afforded to HSP. Absent such controlling precedent, I would favor the appointment of a special master to preside over the development of an evidentiary record and to offer recommended findings and conclusions, as I believe that such a record is conventionally necessary to address core, disputed factual matters, such as those regarding City Council s intentions and conduct. Accord HSP, ___ Pa. at ___, 939 A.2d at 288 (Saylor, J., dissenting).

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