Layne v. Zoning Board of Adjustment

OPINION OF THE COURT

McDERMOTT, Justice.

This case arose from the denial by the Zoning Board of Adjustment of the City of Pittsburgh of appellee’s request to occupy the property she leases in Pittsburgh as a boarding house. That decision, as affirmed by the Court of Common Pleas of Allegheny County, was based upon the fact that appellee’s property is located in an R-4 residential district where under § 937.02 of the Pittsburgh Code boarding homes are not permitted. The Commonwealth Court,1 however, reasoned that boarding homes could not be rationally excluded from the R-4 residential districts…