FRIENDSHIP GROUP INC. v. CITY OF PITTSBURGH, 588 Pa. 740 (2006)

906 A.2d 1194

The FRIENDSHIP PRESERVATION GROUP, INC., a Pennsylvania Corporation, AZ, Inc., a Pennsylvania Corporation, d.b.a. Cafe Sam, and Andrew Zins, an Individual v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF PITTSBURGH and UPMC Shadyside. Appeal of UPMC Shadyside.

20 WAP 2005.Supreme Court of Pennsylvania.Argued February 28, 2006.
Decided October 5, 2006.

Appeal No. 20 WAP 2005 from the Order of the Common-wealth Court entered October 29, 2004 at No. 1020 CD 2004 reversing the Order of the Court of Common Pleas of Allegheny County entered April 14, 2004 at No. SA-03-000189; Joseph M. James, P.J.

William R. Sittig, Jr., for UPMC Shadyside.

George R. Spector, for Zoning Board of Adjustment of the City of Pittsburgh.

Andrew Zins, Kenneth R. Stiles, Pittsburgh, for Friendship Preservation Group Inc.

Page 741

Before CASTILLE, NEWMAN, SAYLOR, EAEIN, BAER, BALDWIN, JJ.

ORDER
PER CURIAM.

AND NOW, this 5th day of October 2006, the Court being evenly divided, the Order of the Commonwealth Court is affirmed.

Chief Justice CAPPY did not participate in the consideration or decision of this case.

For affirmance, Justices CASTILLE, SAYLOR, and BAER.

For reversal, Justice NEWMAN, Justice EAKIN, and Justice BALDWIN.