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FORBES NEIGHBORHOOD ASSOCIATION v. CITY PITTSBURGH ET AL. FORBES NEIGHBORHOOD ASSOCIATION (09/08/77)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 8, 1977.

THE FORBES NEIGHBORHOOD ASSOCIATION, A NON-PROFIT CORPORATION
v.
THE CITY OF PITTSBURGH ET AL. THE FORBES NEIGHBORHOOD ASSOCIATION, A NON-PROFIT CORPORATION, APPELLANT. (2 CASES)

Appeals from the Order of the Court of Common Pleas of Allegheny County in case of The Forbes Neighborhood Association, a non-profit corporation, v. The City of Pittsburgh, a public body, corporate and politic; The Council of the City of Pittsburgh, a legislative body; Louis Mason, Jr., in his representative capacity; Richard S. Caliguiri, in his representative capacity; Robert R. Stone, in his representative capacity; Amy Ballinger, in her representative capacity; William J. Coyne, in his representative capacity; Frank J. Lucchino, in his representative capacity; Walter T. Kamyk, in his representative capacity; The City Planning Commission, an administrative agency; and Sixth Presbyterian Church, a non-profit corporation, No. GD 75 29761.

COUNSEL

Edward C. Schmidt, with him Michael J. Yurcheshen, Daniel L. Fassio, Harold R. Schmidt, Evans Rose, Jr., and Rose, Schmidt and Dixon, for appellant.

Lawrence W. Kaplan, with him Paul H. Titus, Jon Hogue, and Kaufman & Harris, for appellee, Sixth Presbyterian Church.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Judge Kramer did not participate in the decision. Opinion by President Judge Bowman. Judge Kramer did not participate in the decision in this case.

Author: Bowman

[ 31 Pa. Commw. Page 518]

This is an appeal and petition for allowance of appeal filed by the Forbes Neighborhood Association (appellant) from an amended order of the Court of Common Pleas of Allegheny County dated April 2, 1976. The order grants summary judgment in favor of the Sixth Presbyterian Church (appellee) and determines that Ordinance No. 2835 is a validly enacted ordinance of the City of Pittsburgh.

Procedurally, appellant filed an appeal as of right under Section 402 of the Appellate Court Jurisdiction Act of 1970 (ACJA), Act of July 31, 1970, P.L. 673, as amended, 17 P.S. § 211.402, docketed to No. 657 C.D. 1976. In the alternative, appellant filed a petition for allowance of appeal under Section 501 of the ACJA, 17 P.S. § 211.501, docketed to No. 166 Misc. Docket, because of the uncertainty of whether the lower court order was interlocutory or final in nature. Appellee filed a motion to quash in response to the appeal as of right and replied to appellant's petition for allowance of appeal. On April 13, 1976, this Court issued an Order pursuant to Section 501 of the ACJA granting appellant's petition for allowance of appeal. Accordingly, appellee's motion to quash appellant's appeal as of right under Section 402 is moot.

As to the merits of this case, after a careful review of the record and applicable law, we affirm the

[ 31 Pa. Commw. Page 519]

    order of the lower court on the opinion of Judge Silvestri at No. GD 75 29761.

Judge Kramer did not participate in the decision in this case.

Order

Now, September 8, 1977, the order of the lower court is hereby affirmed on the opinion of Judge Silvestri at No. GD 75 29761.

Disposition

Affirmed.

19770908

© 1998 VersusLaw Inc.



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