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  5. 78 Pa.Commw. 494 (1983)
 

WHALE'S TALE, INC. v. CITY OF PGH. ET AL.

No. 3103 C.D. 1982.

78 Pa.Commw. 494 (1983)

Whale's Tale, Inc. v. The City of Pittsburgh et al. City of Pittsburgh et al., Appellants.

Commonwealth Court of Pennsylvania.

November 22, 1983.

Attorney(s) appearing for the Case

D.R. Pellegrini, City Solicitor, with him Kellen McClendon, Assistant City Solicitor, for appellant, City of Pittsburgh.

Hilary A. Spatz, Cantor and Levine, P.C., for appellee.

Martha A. Zatezalo, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, P.C., for Amicus Curiae, United Mental Health.

Argued October 5, 1983, before Judges ROGERS, BARRY and BARBIERI, sitting as a panel of three.

OPINION BY JUDGE ROGERS, November 22, 1983:

The City of Pittsburgh has appealed an order of the Court of Common Pleas of Allegheny County overturning the action of the Pittsburgh City Council sustaining a mayoral veto of a resolution of council granting the appellee, Whale's Tale, Inc., a conditional use permit. By the same order, the court directed the City Zoning Administrator to issue the conditional use permit.

Pittsburgh City Council by resolution granted...

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