Borough Council v. Pagal, Inc.

Opinion by

Judge MacPhail,

The Churchill Borough Council (.Counoil) has appealed to this Court from an order ¡of the Court of Common Pleas of Allegheny County which reversed a Council decision upholding the constitutionality of the Borough’s zoning ordinance; The court of common pleas concluded that the ordinance unconstitutionally excludes restaurants as a permitted use in the Borough.

Bagal, Inc. (Appellee) owns an unimproved tract of land in the Borough which is approximately one acre in ¡size. The lot is located in an B-2 residential district which does not permit Appellee’s proposed…