Atria, Inc. v. Mount Lebanon Township Board of Adjustment

Opinion by

Mr. Justice Cohen,

This is an appeal by the Township of Mount Lebanon, a first class township, from the order of the Court of Common Pleas of Allegheny County (then the County Court) reversing the order of the Board of Adjust ment of Mount Lebanon Township and requiring that use and occupancy permits be issued to Atria, Inc.

Atria, Inc. owns and operates a combination grocery store, beer parlor and restaurant on lot 17 in the Parker Gardens plan of lots fronting on Beverly Road, a four lane main arterial highway in Mount Lebanon Township. Antoinette Atria resides on the second floor…