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CITY OF PITTSBURGH v. COMMONWEALTH

468 Pa. 174 (1976)

360 A.2d 607

CITY OF PITTSBURGH, Appellant, v. COMMONWEALTH of Pennsylvania and Louis J. Harvey.

Supreme Court of Pennsylvania.

Decided July 6, 1976.

Reargument Denied August 17, 1976.

Attorney(s) appearing for the Case

Eugene B. Strassburger, III, Deputy City Sol., Mead J. Mulvihill, Jr., City Sol., Pittsburgh, for appellant.

Janet Moschetta, Asst. Atty. Gen., Paul H. Titus, Kaufman & Harris, Frederick R. Nene, Asst. Atty. Gen., Pittsburgh, for appellees.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

On April 22, 1974, the Commonwealth Bureau of Corrections of the Department of Justice (appellee) entered into an agreement to lease premises on South Aiken Avenue in Pittsburgh for use as a pre-release center for women convicts.1 Neither the Commonwealth nor the lessor applied to the City of Pittsburgh (appellant) for a certificate of occupancy, variance or other zoning authorization for...

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