MUN. OF UPPER ST. CLAIR v. BOYCE RD. P.

No. 1322 C.D. 1986.

109 Pa.Commw. 398 (1987)

531 A.2d 111

The Municipality of Upper St. Clair, Appellant v. Boyce Road Partnership, Appellee.

Commonwealth Court of Pennsylvania.

Argued May 21, 1987.


Attorney(s) appearing for the Case

Joan P. Feldman, with her, Robert N. Hackett, for appellant.

Lynn E. Macbeth, with him, Walter A. Koegler, for appellee.

Before Judges DOYLE and PALLADINO, and Senior Judge BLATT, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, September 17, 1987:

This is an appeal by the Municipality of Upper St. Clair (Appellant) from an order of the Court of Common Pleas of Allegheny County (trial court) reversing a denial by the Upper St. Clair Board of Commissioners (Board) of a conditional use permit for the construction of a planned office center (POC) to Boyce Road Partnership (Developer). For the reasons which follow, we reverse.

In 1975, Developer purchased a...

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