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CITY OF PITTSBURGH v. COM.

485 Pa. 40 (1979)

400 A.2d 1301

CITY OF PITTSBURGH and Paul J. Imhoff, Superintendent of the Bureau of Building Inspection of the City of Pittsburgh v. COMMONWEALTH of Pennsylvania, Robert Kane, Attorney General of the Commonwealth of Pennsylvania, Joseph A. Pauza, Regional Director of the Bureau of Correction of the Department of Justice of the Commonwealth of Pennsylvania, Frank S. Beal, Secretary of the Department of Welfare of the Commonwealth of Pennsylvania, Anna Belle Calloway, Deputy Secretary, Department of Public Welfare, Louis H. Harvey, Ethel Harvey, E. Louis Averbach, Edith Averbach, Aero Fleet, Inc., a corporation, and Irwin Kotovsky, Appellants.

Supreme Court of Pennsylvania.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Robert P. Kane, Atty. Gen., Frederick R. Nene, Asst. Atty. Gen., James C. Kuhn, III, Sp. Asst. Atty. Gen., for Commonwealth, Kane, Pauza, Beal and Calloway.

John M. Duff, Deputy Atty. Gen., Paul H. Titus, Pittsburgh, for Louis H. and Ethel Harvey and E. Louis and Edith Averbach.

Mead J. Mulvihill, Jr., City Sol., D.R. Pellegrini, Dep. City Sol., Pittsburgh, for appellees.

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

OPINION OF THE COURT

ROBERTS, Justice.

On July 9, 1974, the City of Pittsburgh filed a complaint in equity in Commonwealth Court. The City sought to enjoin the Pennsylvania Bureau of Corrections' use, without a zoning permit, of 535 South Aiken Avenue as a pre-release center for female convicts. 535 South Aiken Avenue was zoned "residential." Commonwealth Court held that the Bureau, as an agent of the Commonwealth, was not required to comply with municipal...

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