Commonwealth v. Zoning Board of Adjustment

LORD, J.,

Before this court is an

appeal by the Department of Public Welfare of the Commonwealth of Pennsylvania (hereinafter Commonwealth) from a decision by the Zoning Board of Adjustment (hereinafter Zoning Board) preventing *420the Commonwealth from erecting a mental retardation center at a particular location in the City of Philadelphia. The zoning board, after conducting two public hearings concerning the proposed site, refused to grant a variance for the proposed center.

The Commonwealth, on appeal, contends that the Mental Health and Mental Retardation Act of 1966 (hereinafter Mental Health…