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ALLEGHENY WEST CIVIC COUNCIL v. CITY COUNCIL CITY PITTSBURGH ET AL. (12/06/84)

decided: December 6, 1984.

ALLEGHENY WEST CIVIC COUNCIL, INC., APPELLANT
v.
CITY COUNCIL OF THE CITY OF PITTSBURGH ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Allegheny West Civic Council Inc. v. City Council, City of Pittsburgh v. Community College of Allegheny County, No. S.A. 517 of 1983.

COUNSEL

Frederick R. Nene, for appellant.

William P. Bresnahan, Rothman, Gordon, Foreman and Groudine, P.A., for appellees.

Judges Rogers and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Rogers. Dissenting Opinion by Judge Barbieri.

Author: Rogers

[ 86 Pa. Commw. Page 310]

The Allegheny West Civic Council, Inc. (Civic Council) appeals here from an order of the Court of Common Pleas of Allegheny County dismissing a zoning appeal. We affirm.

On March 23, 1983 the Community College of Allegheny County (Community College) filed two requests for conditional uses to permit two properties located in the twenty-second ward of Pittsburgh to be used for, respectively, an administrative office and a parking lot. Following hearings, the City Planning Commission recommended that the conditional uses be granted. The City Council of the City of Pittsburgh (City Council) unanimously approved the Planning Commission's recommendation and the Mayor of Pittsburgh executed the ordinance granting the application.

The Civic Council filed an appeal from this decision to the court of common pleas pursuant to Section 752 of the Local Agency Law, 2 Pa. C.S. ยง 752, in accordance with the procedure for such appeals recognized by this Court in North Point Breeze Coalition v. Pittsburgh, 60 Pa. Commonwealth Ct. 298, 431 A.2d 398 (1981). The Community College intervened.

In its appeal petition, the Civic Council describing itself as "a civic organization incorporated under the law of Pennsylvania," alleged that the Pittsburgh Code did not authorize the Pittsburgh City Council and the mayor to permit the uses in question by conditional use. The Civic Council did not indicate in its appeal petition, however, and we are unable to discern

[ 86 Pa. Commw. Page 311]

    from the record before us, if it participated in the hearings held before the Planning Commission.

The following events then took place in the trial court:

On or about October 10, 1983, the Community College served a notice of deposition on officers of the Civic Council requesting ...


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