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B. COUNCIL OF CHURCHILL B. v. PAGAL, INC.

Nos. 2838 C.D. 1981 and 158 C.D. 1982.

74 Pa.Commw. 601 (1983)

Borough Council of Churchill Borough, Appellant v. Pagal, Inc., Appellee. Borough Council of Churchill Borough, Appellant v. Pagal, Inc., Appellee.

Commonwealth Court of Pennsylvania.

June 3, 1983.

Attorney(s) appearing for the Case

David McNeil Olds, with him Lee S. Piatt, Reed, Smith, Shaw & McClay, and Robert W. Goehring, Solicitor, for appellant.

Robert J. Winters, Goehring, Rutter & Boehm, for appellee.

Argued October 6, 1982, before President Judge CRUMLISH, JR. and Judges MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, June 3, 1983:

The Churchill Borough Council (Council) 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.

Pagal, Inc. (Appellee) owns an unimproved tract of land in...

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