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

No. 146 C.D. 1975.

23 Pa.Commw. 405 (1976)

School District of Pittsburgh v. City of Pittsburgh, James P. Brown, individually and as Zoning Administrator, and Robert Paternoster, individually and as Planning Director. City of Pittsburgh, James P. Brown and Robert Paternoster, Appellants.

Commonwealth Court of Pennsylvania.

February 19, 1976.

Attorney(s) appearing for the Case

Daniel M. Curtin, Assistant City Solicitor, with him Eugene B. Strassburger, III, Deputy City Solicitor, for appellants.

Justin M. Johnson, Solicitor, with him Robert J. Stefanko, First Assistant Solicitor, for appellee.

Argued October 28, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE KRAMER, February 19, 1976:

This is an appeal by the City of Pittsburgh from two orders of the Court of Common Pleas of Allegheny County arising out of a mandamus action brought by the School District of Pittsburgh. The first order granted a preemptory writ directing the City's Zoning Administrator "to issue his approval for zoning" of the occupancy, building, and land operations permit applications filed by the School District. The second order denied...

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