BROUSSARD v. ZON. BD. OF ADJ. OF PITTSBURGH


907 A.2d 494 (2006)

Elsie R. BROUSSARD, M.D. v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PITTSBURGH The Twentieth Century Club, City of Pittsburgh, MedCano Corporation, Schenley Farms Civic Association, Gregory Snow, Patricia M. Moore, Jack L. Paradise, Mary Paradise, H. Richard Howland, Veronica Wojnaroski, Andrew McSwigan, Melissa McSwigan, Carol Kowall, and Mary A. McDonough, Intervenors Appeal of Schenley Farms Civic Association, Gregory Snow, Patricia M. Moore, Jack L. Paradise, Mary Paradise, H. Richard Howland, Veronica Wojnaroski, Andrew McSwigan, Melissa McSwigan, Carol Kowall, and Mary A. McDonough.

Supreme Court of Pennsylvania.

Decided October 4, 2006.


Attorney(s) appearing for the Case

Gregory Elisha Snow, Carol Ann Kowall, Pittsburgh, for Schenley Farms Civic Association, et al.

George R. Specter, Pittsburgh, for Zoning Bd. of Adjustment of City of Pittsburgh.

Edward C. Leckey, Pittsburgh, for The Twentieth Century Club.

Frank Kosir, Jr., Andrea Geraghty, Pittsburgh, for MedCano Corp.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION

Justice SAYLOR.1

The issue in this land-use dispute is whether, and under what circumstances, an application for a special exception may be granted conditioned upon the applicant's later compliance with the express requirements for the special exception under the zoning ordinance.

Appellee, the MedCano Corporation ("MedCano"), owns a two-story building that formerly housed the Historical Society of Western...

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