ABOUD v. PITTSBURGH DEPT. OF PLANNING

No. 11 C.D. 2010.

17 A.3d 455 (2011)

Najib ABOUD, Nasra Aboud, and Baba D's, Inc. v. The CITY OF PITTSBURGH DEPARTMENT OF PLANNING, City of Pittsburgh and James M. Quinn and JMQ-1. Appeal of: The City of Pittsburgh Department of Planning and the City of Pittsburgh.

Commonwealth Court of Pennsylvania.

Decided March 18, 2011.


Attorney(s) appearing for the Case

Krista-Ann M. Staley and Stephen L. Korbel , Pittsburgh, for appellant City of Pittsburgh Department of Planning.

Elaine J. Wizzard , Assistant City Solicitor, Pittsburgh, for appellant City of Pittsburgh.

Lisa G. Michel , Pittsburgh, for appellees Najib Aboud, Nasra Aboud and Baba D's, Inc.

Brendan B. Lupetin , Pittsburgh, for appellees James M. Quinn and JMQ-1.

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


OPINION BY Judge McGINLEY.

The City of Pittsburgh Department of Planning (Planning) and the City of Pittsburgh (City) (collectively, the City) appeal from an order of the Court of Common Pleas of Allegheny County (common pleas court) that granted Najib Aboud and Nasra Aboud, owners of Baba D's Inc. (Baba D's), (collectively, the Abouds) a conditional use to operate a restaurant with a liquor license. The common pleas court also granted James M. Quinn's, owner...

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