Semple v. City of Pittsburgh

Evans, J.,

The plaintiff is an occupant of certain space in the Diamond Market of the City of Pittsburgh, and files this bill to restrain the City of Pittsburgh, its Mayor and Director of the Department of Public Works, from ousting him- from that space.

The facts are not in dispute. For several years prior to 1907 Philip Flinn had occupied the space in question in conducting a restaurant. There is no evidence as to how Mr. Flinn came to occupy that space.

In 1907 Council of the City of Pittsburgh, by ordinance, duly ordained that: “All leases for said storerooms, stalls or stands shall be made…