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MARQUISE INV., INC. v. CITY OF PITTSBURGH

No. 2507 C.D. 2009

11 A.3d 607 (2010)

MARQUISE INVESTMENT, INC. v. CITY OF PITTSBURGH and Pittsburgh City Council, Appellants.

Commonwealth Court of Pennsylvania.

Decided December 30, 2010.

Attorney(s) appearing for the Case

Lawrence H. Baumiller , Asst. City Solicitor, Pittsburgh, for appellants.

Clifford B. Levine , Pittsburgh, for appellee.

BEFORE: McGINLEY, Judge, LEAVITT, Judge, and BUTLER, Judge.

OPINION BY Judge BUTLER.

The City of Pittsburgh and Pittsburgh City Council (collectively, the City) appeal the November 23, 2009 order of the Court of Common Pleas of Allegheny County (trial court) granting the conditional use application filed by Marquise Investment, Inc. (Marquise). The issue now before the Court is: whether the burden of proving that there was no harm to the health, safety and welfare of the community shifted back to Marquise (1) where medical...

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