Municipality of Upper St. Clair v. Boyce Road Partnership

Opinion by

Judge Palladino,

This is an appeal by the Municipality of Upper St. Clair (Appellant) from an order of the Court of Common Pleas of Allegheny County (trial court) reversing a denial by the Upper St. Clair Board of Commissioners (Board) of a conditional use permit for the construction of a planned office center (POC) to Boyce Road Partnership (Developer). For the reasons which follow, we reverse.

In 1975, Developer purchased a parcel of real property approximately forty-two (42) acres in size and located in Upper St. Clair Township. At all times relevant hereto, this parcel was zoned…