(Download) "Thomas W. Limley v. Zoning Hearing Board Port Vue Borough and Borough Port Vue and Edward J. Opatrny and Eldo Bisacca" by Supreme Court of Pennsylvania No. 51 W.D. Appeal Docket 1992 # eBook PDF Kindle ePub Free
eBook details
- Title: Thomas W. Limley v. Zoning Hearing Board Port Vue Borough and Borough Port Vue and Edward J. Opatrny and Eldo Bisacca
- Author : Supreme Court of Pennsylvania No. 51 W.D. Appeal Docket 1992
- Release Date : January 27, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Opinion OF THE COURT MR. JUSTICE FLAHERTY This is an appeal, by allowance, from an order of the Commonwealth Court which affirmed an order of the Court of Common Pleas of Allegheny County affirming a decision of the Zoning Hearing Board (Board) of the Borough of Port Vue. The Board's decision revoked an occupancy permit issued to the appellant, Thomas W. Limley. The permit would have enabled appellant to open a public restaurant and bar in a building that previously housed a non-profit private club. The factual background of the case is as follows. In May of 1988, a building inspector in the Borough of Port Vue issued an occupancy permit allowing property formerly known as the Blue Rock Social Club (Blue Rock Club) to be converted into a public restaurant and bar. The property is located in an area which, under the applicable zoning ordinance, is classified as residential. In July of 1988, Edward J. Opatrny, appellee herein, filed an objection alleging that the permit was improperly issued. Opatrny asserted that the proposed use was a commercial one that was not permitted in an area zoned as residential. The Board conducted a hearing, and, in August of 1988, revoked the occupancy permit.