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ATRIA, INC. v. MT. LEBANON TWP. BD. OF ADJ.

438 Pa. 317 (1970)

Atria, Inc. v. Mount Lebanon Township Board of Adjustment.

Supreme Court of Pennsylvania.

April 22, 1970.

Attorney(s) appearing for the Case

Edwin L. Klett, with him J. Gary Kosinski, and Eckert, Seamans & Cherin, for appellant.

Alfred C. Maiello, with him John B. Nicklas, Jr., and McCrady & Nicklas, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE COHEN, April 22, 1970:

This is an appeal by the Township of Mount Lebanon, a first class township, from the order of the Court of Common Pleas of Allegheny County (then the County Court) reversing the order of the Board of Adjustment of Mount Lebanon Township and requiring that use and occupancy permits be issued to Atria, Inc.

Atria, Inc. owns and operates a combination grocery store, beer parlor...

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