St. Margaret Memorial Hospital v. Borough Council of Aspinwall

I respectfully dissent. I would hold that the distinction between permitting off-site accessory uses attendant to a main use located in the Borough of Aspinwall (Borough) and not permitting such accessory uses while the main use is not located in the Borough is a rational one. I would also hold the Borough’s zoning ordinance not to be exclusionary.

St. Margaret Memorial Hospital (Hospital) filed an application with the Borough for permission to operate a parking lot as accessory parking for employee and/or patient vehicles. While the proposed parking lot is in the Borough, the Hospital itself…