Inn Management Services, Inc. v. Township of Upper St. Clair
Inn Management Services, Inc. v. Township of Upper St. Clair
Opinion of the Court
Opinion by
The Township of Upper St. Clair and its zoning administrator have appealed from an order of the Court of Common Pleas of Allegheny County directing* them to issue a zoning* certificate to 1’nn Management Services, Inc. and Dominic Palombo.
Palombo is the owner of a parcel of land located in Upper St. Clair Township. In May 1976, he entered into an agreement to lease his land to Inn Management Services which wanted to construct and operate a restaurant. Inn Management Services obtained an option to purchase a liquor license, which it believed was necessary for a successful operation and, with Palombo, applied to the township for zoning approval of the proposed restaurant. The township authorities refused to approve the application and the Zoning Hearing Board of the Township affirmed their action. The appellees appealed the Zoning Hearing Board’s action to the Court of Common Pleas but did not pursue that matter further. Instead, in March 1977 they filed a complaint in mandamus in the Court of Common Pleas seeking an order requiring the township to grant zoning* approval of the restaurant. On June 27, 1977, on the plaintiffs’ motion for judgment on the pleadings the court entered judgment for the
Subsection 130-36-G of the township zoning ordinance provides that if work described in an application for zoning approval has not begun within six months from the date of issuance, the approval shall expire and it shall be cancelled by the zoning administrator with written notice to persons affected. The zoning approval in this case granted on October 7, 1977 was therefore subject to cancellation after April 7, 1978.
On May 5, 1978, Palombo entered into a lease with B&K Properties, for the latter to build and operate a fast food restaurant on his land. The record contains no communication or evidence of one from Palombo to the township concerning his new lessee until August 17, 1978. On August 29, 1978, the zoning administrator wrote to Inn Management Services and Palombo, notifying them that their zoning approval for the proposed restaurant had expired and was can-celled because work had not begun within six months after October 7, 1977 as required by Subsection 130-36-G of the Township Code. On or about October 30, 1978 Palombo alone filed a petition in the Court of iCommon Pleas to the docket number of the mandamus suit, for a rule on the township to show cause why that court’s order of June 27, 1977 should not be enforced in favor of R&K Properties and Palombo without further application to the township for zoning ap
Palombo’s petition for the rule to show cause described his arrangements with Inn Management Services, that company’s decision to abandon its restaurant project and the later agreement with R&K Properties and its plan to establish a fast food enterprise on his land. The relief requested was that the court’s order of June 27, 1977 which, it will be remembered, provided that Palombo and Inn Management Services should be given zoning approval of Inn Management .Services’ restaurant, should be enforced by requiring the Upper St. Clair Township zoning officials to permit R&K Properties to construct its fast food restaurant. The hearing judge on June 21, 1979 entered an order on the township to issue plaintiffs, which of course still remained Palombo and Inn Management Services, a zoning certificate which should remain in effect for an additional six months. It is this order which is appealed from.
The applicable law is the township’s zoning regulations. The first order in this matter, that of June 27,1977, required the township to issue zoning approval to Inn Management Services and Palombo. This order was complied with in October 1977, a delay which is unexplained but not a subject of particular
The order of June 21, 1979 also constitutes, we are afraid, an abuse of the court’s discretion. It refers to an extension of zoning approval to the plaintiffs, who remained Palombo and Inn Management Services, despite the fact that the latter had, as the petition for the rule revealed, abandoned the project. If, as Palombo seems to argue, the order is to be read as meaning somehow that R&K Properties ’ fast food enterprise should be considered to have zoning approval then, not only has relief been afforded to a person who was not a party to the lawsuit, zoning approval has been granted for a project which was never applied for, as again the zoning regulations required.
Order reversed.
Order,
And Now, this 5th day of June, 1980, the order of the Court of Common Pleas of Allegheny County
Case-law data current through December 31, 2025. Source: CourtListener bulk data.