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HERTZBERG v. ZONING BD. OF PITTSBURGH

554 Pa. 249 (1998)

721 A.2d 43

Alan HERTZBERG, Appellee, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PITTSBURGH, Appellee, v. MIRYAM'S, Appellant.

Supreme Court of Pennsylvania.

Decided December 3, 1998.

Attorney(s) appearing for the Case

Michael A. Donadee, James W. Tinnemeyer, Jr. Pittsburgh, for Miryam's, appellant.

George Specter, Pittsburgh, for City of Pittsburgh, appellee.

Glenn R. Bartifay, Pittsburgh, for Alan Hertzberg, appellee.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION OF THE COURT

CASTILLE, Justice.

In this appeal we review the Commonwealth Court's reversal of an order of the Allegheny County Court of Common Pleas (trial court) upholding the decision of the Zoning Board of Adjustment of the City of Pittsburgh (Board) to grant a variance and special exception to appellant Miryam's. At issue is whether the evidence presented to the Board demonstrated the existence of an unnecessary hardship entitling Miryam...

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