Legal Opinion

Borough of Edgewood v. Lamanti's Pizzeria

Commonwealth Court of Pennsylvania

Decided March 21, 1989No. Appeal 1068 C.D. 1988PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Judge Smith,

Appellant Borough of Edgewood (Edgewood) appeals from the order of the Allegheny County Court of Com mon Pleas directing Edgewood to issue a building permit to Appellee Lamanti’s Pizzeria (Lamanti). Questions presented for review 1 are whether the Board erred in affirming the revocation of Lamanti’s building permit and whether Edgewood’s Zoning Ordinance (Qrdinance) is de facto exclusionary as to restaurants. The trial court’s decision is affirmed.

Lamanti executed a lease, effective April 1, 1987, with the intention of relocating its restaurant 150 feet from its present…

2Cases cited11 opinions

  1. Boron Oil Co. v. KimpleSupreme Court of Pennsylvania · 1971
  2. Benham v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1975
  3. Farrell v. Worcester Township Board of SupervisorsCommonwealth Court of Pennsylvania · 1984
  4. Greenwood Township v. Kefo, Inc.Commonwealth Court of Pennsylvania · 1980
  5. Meyers v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1978

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3Cited by7 opinions

  1. Apt Pittsburgh Limited Partnership v. Penn Township Butler County Of PennsylvaniaCourt of Appeals for the Third Circuit · 1999
  2. Caln Nether Co., L.P. v. Board of SupervisorsCommonwealth Court of Pennsylvania · 2004
  3. MacIoce v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2004
  4. Omnipoint Communications Enterprises, L.P., in No. 99-1990 v. Zoning Hearing Board of Easttown Township Township of Easton, in No. 99-1932Court of Appeals for the Third Circuit · 2001
  5. APT Pittsburgh Ltd. Partnership v. Penn TownshipCourt of Appeals for the Third Circuit · 1999

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