PA. BUR. OF CORR. v. BD. OF STAN. & APPEALS

No. 1015 C.D. 1985.

97 Pa.Commw. 407 (1986)

509 A.2d 970

Pennsylvania Bureau of Corrections v. Board of Standards and Appeals, City of Pittsburgh, Allegheny County, Pennsylvania. City of Pittsburgh, Appellant.

Commonwealth Court of Pennsylvania.

May 22, 1986.


Attorney(s) appearing for the Case

Kellen McClendon, Assistant City Solicitor, with him, D. R. Pellegrini, City Solicitor, for appellant.

José Hernandez-Cuebas, Senior Deputy Attorney General, with him, Allen C. Warshaw, Chief Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for appellee.

Argued March 13, 1986, before Judges COLINS and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY SENIOR JUDGE KALISH, May 22, 1986:

The City of Pittsburgh appeals an order of the Court of Common Pleas of Allegheny County which sustained the Pennsylvania Bureau of Corrections' (Bureau) appeal, and directed the Board of Standards and Appeals of the City of Pittsburgh (Board) to issue a variance permitting the omission of sprinklers from the cells of the Western State Penitentiary. We affirm.

This case involves the question of whether the Board...

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