Legal Opinion · Dissent

Layne v. Zoning Board of Adjustment

Supreme Court of Pennsylvania

Decided May 4, 1983No. 40 W.D. Appeal Docket 1982Published

1DissentNix, Justice

I agree with the Commonwealth Court that exclusion of boarding homes from R-4 residential districts when rooming houses are allowed in such districts is not supported by a reasonable basis.

Rooming houses in cities of the class as Pittsburgh are as much, if not more of a transient trade as boarding homes. Further, I question the accuracy today of equating a boarding home which serves one or even two meals with a commercial restaurant.

Actually, it appears that rooming houses are more commercial in nature because the business of renting rooms in large cities is frequently more transient than…

2Cases cited3 opinions

  1. Anstine v. Zoning Board of AdjustmentSupreme Court of Pennsylvania · 1963
  2. Eller v. Board of AdjustmentSupreme Court of Pennsylvania · 1964
  3. Layne v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1982

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