Legal Opinion

Nassif v. BOARD OF ADJUSTMENT OF CITY OF PITTSBURGH

Supreme Court of Pennsylvania

Decided August 10, 1982No. Petition 36 D. Allocatur Docket 1982PublishedCited by 5 opinions

1Opinion of the Court

ORDER OF COURT

2Per curiam

The petition for allowance of appeal is granted. In reviewing the de novo findings of the Court of Common Pleas of Allegheny County, the Commonwealth Court departed from the appropriate standard of review by independently assessing the credibility of the evidence adduced in the Court of Common Pleas. The Commonwealth Court improperly substituted its own view of the facts for the lower court’s factual conclusions, which were supported by the record. Consequently, the order of the Commonwealth Court is reversed and the case is remanded to that Court for a determination as to…

3Cases cited4 opinions

  1. Overstreet v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1980
  2. Vagnoni v. Bridgeport Borough CouncilSupreme Court of Pennsylvania · 1966
  3. Michaels Development Co. v. Benzinger Township Board of SupervisorsCommonwealth Court of Pennsylvania · 1980
  4. Doyle v. Springfield TownshipSupreme Court of Pennsylvania · 1958

4Cited by5 opinions

  1. Omiridis v. ZHB, CITY OF CHESTERCommonwealth Court of Pennsylvania · 1987
  2. Bailey v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 2001
  3. Franchi v. ZHB, BORO. OF N. BRIGHTONCommonwealth Court of Pennsylvania · 1988
  4. Nassif v. Board of AdjustmentCommonwealth Court of Pennsylvania · 1983
  5. Shadyside Action Coalition v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1988

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