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ALLEGHENY VALLEY R. v. CITY OF PITTSBURGH

95 A.3d 938 (2014)

ALLEGHENY VALLEY RAILROAD COMPANY, Appellant v. CITY OF PITTSBURGH and The Buncher Company.

Commonwealth Court of Pennsylvania.

Decided July 7, 2014.

Attorney(s) appearing for the Case

Jonathan M. Kamin , Pittsburgh, for appellant.

James G. McLean , Pittsburgh, for appellee The Buncher Company.

BEFORE: DAN PELLEGRINI, President Judge, and BERNARD L. McGINLEY, Judge, and BONNIE BRIGANCE LEADBETTER, Judge, and COHN JUBELIRER, Judge, and MARY HANNAH LEAVITT, Judge, and PATRICIA A. McCULLOUGH, Judge, and ANNE E. COVEY, Judge.

OPINION BY Judge LEADBETTER.

Allegheny Valley Railroad Company (Railroad) appeals from the order of the Court of Common Pleas of Allegheny County (common pleas), denying its land use appeal. In that appeal, Railroad sought to invalidate a recently enacted ordinance amending the City of Pittsburgh's (City) Zoning Code, which created a new Specially Planned District (SP District), designated SP 8/Riverfront Landing, on a parcel where Railroad asserts it has an easement...

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