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NASSIF ET AL. v. BD. OF ADJUST., CITY OF PGH.

No. 552 C.D. 1981.

64 Pa.Commw. 15 (1982)

Nathan S. Nassif et al. v. Board of Adjustment of the City of Pittsburgh. City of Pittsburgh, Appellant.

Commonwealth Court of Pennsylvania.

January 7, 1982.

Attorney(s) appearing for the Case

D.R. Pellegrini, Deputy City Solicitor, with him, Mead J. Mulvihill, Jr., City Solicitor, for appellant.

Frank J. Lucchino, Grogan, Graffam, McGinley, Solomon & Lucchino, for appellee.

Argued October 9, 1981, before Judges WILLIAMS, JR., MacPHAIL and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., January 7, 1982:

The City of Pittsburgh has appealed from an order of the Court of Common Pleas of Allegheny County directing the Pittsburgh Board of Adjustment to issue an occupancy permit to Kountz & Rider, Inc. (K&R) and the other appellees herein. The permit related to a 14 space parking lot in which K & R had obtained, by lease, parking rights to be used in conjunction with K & R's nearby clothing store.

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