Boron appealed to the Lawrence County Common Pleas Court, where President Judge Dominick Motto sided with the township.

The case next was appealed to Commonwealth Court and argued before a three-judge panel. Adultland’s attorney argued that the ordinance is unconstitutionally vague and that the common pleas court had not considered evidence that an agreement had been made between Boron and the township that there had been no first violation.

Without issuing an opinion, the judges referred the case to the full court.

In court documents, Judge Mary Hannah Leavitt wrote that the Pulaski Township ordinance is “unconstitutionally vague because it does not identify what constitutes a state-recognized holiday.”

Pulaski Township Supervisor Chairman Sam Varano said he and Supervisor Tom Gates last night participated in a conference call with attorney Bernie Matthews of Pittsburgh, who is handling this case for the township.

“He told us our options, which include appealing the ruling and amending the ordinance,” Varano said. “We haven’t yet decided what we’re going to do. The ruling wasn’t what we wanted to hear.”

With 30 days to appeal, he said, the supervisors may call an executive session to discuss their options before their Dec. 15 meeting.