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CITY OF PGH., ET AL. v. COMTH., ET AL.

No. 908 C.D. 1974.

20 Pa.Commw. 226 (1975)

City of Pittsburgh and Paul J. Imhoff, Superintendent of the Bureau of Building Inspection of the City of Pittsburgh, Plaintiffs, and June B. Cohen, Intervening Plaintiff, v. Commonwealth of Pennsylvania, Israel Packel, Attorney General of the Commonwealth of Pennsylvania; Joseph A. Pauza, Regional Director of the Bureau of Correction; Louis J. Harvey; Ethel Harvey; E. Louis Averbach and Edith S. Averbach, Defendants.

Commonwealth Court of Pennsylvania.

July 11, 1975.

Attorney(s) appearing for the Case

Eugene B. Strassburger, III, Deputy City Solicitor, with him Mead J. Mulvihill, Jr., City Solicitor, for plaintiffs.

Harvey W. Daniels, for intervening plaintiff.

Janet Moschetta, Assistant Attorney General, with her Robert P. Kane, Attorney General, for defendants.

Argued June 5, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE ROGERS, July 11, 1975:

The plaintiffs and the intervening plaintiff sought an order enjoining the defendants from establishing a prison pre-release center at 535 South Aiken Avenue, Pittsburgh. The grounds upon which the relief was sought were (1) that the defendants have failed to seek or obtain a certificate of occupancy from the zoning authorities of the City of Pittsburgh, and (2) that...

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