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WHALE'S TALE v. CITY PITTSBURGH ET AL. CITY PITTSBURGH ET AL. (11/22/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: November 22, 1983.

WHALE'S TALE, INC.
v.
THE CITY OF PITTSBURGH ET AL. CITY OF PITTSBURGH ET AL., APPELLANTS

Appeal from the Order of the Court of Common Pleas of Allegheny County in case of The Whale's Tale, Inc., a Pennsylvania non-profit corporation v. City of Pittsburgh Zoning Administrator, No. GD 82-16274, consolidated with: Whale's Tale, Inc. v. The City of Pittsburgh and the City Council of the City of Pittsburgh, No. SA 623 of 1982.

COUNSEL

D. R. Pellegrini, City Solicitor, with him Kellen McClendon, Assistant City Solicitor, for appellant, City of Pittsburgh.

Hilary A. Spatz, Cantor and Levine, P.C., for appellee.

Martha A. Zatezalo, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, P.C., for Amicus Curiae, United Mental Health.

Judges Rogers, Barry and Barbieri, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 78 Pa. Commw. Page 495]

The City of Pittsburgh has appealed an order of the Court of Common Pleas of Allegheny County overturning the action of the Pittsburgh City Council sustaining a mayoral veto of a resolution of council granting the appellee, Whale's Tale, Inc., a conditional use permit. By the same order, the court directed the City Zoning Administrator to issue the conditional use permit.

Pittsburgh City Council by resolution granted the appellee, Whale's Tale, Inc., a conditional use permit. The mayor vetoed the measure and council voted to sustain the veto. On appeal the Court of Common Pleas of Allegheny County vacated the council's second action and directed that the conditional use permit issue.

[ 78 Pa. Commw. Page 496]

We affirm the order below on the opinion of Administrative Judge Nicholas P. Papadakos reported as The Whale's Tale, Inc. v. City of Pittsburgh Zoning Administrator, Pa. D. & C.3d (1982).*fn1

Order

And Now, this 22nd day of November, 1983, the order of the Court of Common Pleas of Allegheny County in the above-captioned matter is affirmed.

Disposition

Affirmed.


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