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Layne v. Zoning Board of Adjustment
Pennsylvania Supreme Court
460 A.2d 1088 (1983)
Layne (plaintiff) leased property in Pittsburgh, Pennsylvania, and requested to operate the property as a boarding house. The Zoning Board of Adjustment of the City of Pittsburgh (the zoning board) (defendant) denied Layne’s request because her property was located in a R-4 residential zoning district, in which boarding houses were not permitted. The purpose of the R-4 residential classification was to exclude commercial entities from residential areas. Boarding houses were not permitted in R-4 residential districts because they provided meals, which invoked the City of Pittsburgh’s health code, and lodging to individuals who did not live there. Rooming houses were allowed in R-4 residential districts because they only provided lodging to individuals who did not live there, but no meals. Layne filed suit against the zoning board. The trial court entered judgment in favor of Layne, ruling that boarding houses could not be rationally excluded from the R-4 residential district when rooming houses were allowed. The zoning board appealed.
Rule of Law
Holding and Reasoning (McDermott, J.)
Dissent (Flaherty, J.)
Dissent (Nix, J.)
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