Commonwealth, Bureau of Corrections v. City of Pittsburgh

532 A.2d 12, 516 Pa. 75, 1987 Pa. LEXIS 783
CourtSupreme Court of Pennsylvania
DecidedOctober 15, 1987
Docket76 W.D. Appeal Docket 1986
StatusPublished
Cited by20 cases

This text of 532 A.2d 12 (Commonwealth, Bureau of Corrections v. City of Pittsburgh) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth, Bureau of Corrections v. City of Pittsburgh, 532 A.2d 12, 516 Pa. 75, 1987 Pa. LEXIS 783 (Pa. 1987).

Opinions

OPINION

ZAPPALA, Justice.

This is an appeal from an order of the Commonwealth Court, 91 Pa.Cmwlth. 293, 496 A.2d 1361, reversing and remanding a decision of the Allegheny County Court of Common Pleas. The question we are called upon to decide is whether the Appellant met its burden of proof of showing that the placement of a pre-release center for state prisoners in a Pittsburgh neighborhood would pose a substantial threat to the community. We hold that Appellant did not meet that burden, and accordingly, affirm the decision of the Commonwealth Court.

On November 21, 1983, Appellee filed a conditional use application, seeking to use property located at 108-110 Miltenberger Street, Pittsburgh, as a pre-release center for state prisoners. A similar facility had been operated by Appellee at another Pittsburgh location (Ridge Avenue) without incident since 1969; however, because the Ridge Avenue property was being sold, Appellee wished to relo[78]*78cate to the Miltenberger Street site. The Miltenberger property is located in the Soho/Bluff area of Pittsburgh which is zoned a C-3 commercial district. Under Section 993.01(a)(A)(10) of the Pittsburgh Zoning Ordinance, institutional facilities are permitted in C-3 districts as a conditional use.

A hearing was held before the City Planning Commission on January 24, 1984 and February 7, 1984. At that time, persons who objected to the placement of the facility in the neighborhood were allowed to give testimony indicating why they did not want the center in the community. Thereafter, the Commission recommended denial of Appellee’s application. In March, 1984, City Council reviewed the Commission’s recommendation, and referred the matter back to the Commission requesting that a meeting be held with all of the interested parties in order to resolve the objections to the facility. R. 76a. The Commission rejected that request, however, and City Council then voted to accept the Commission's recommendation and deny Appellee’s application. R. 77a.1

Appellee appealed City Council’s decision to the Court of Common Pleas. That court took no additional evidence and affirmed the denial of the application. Appellee then appealed to the Commonwealth Court, which reversed the decision of the Court of Common Pleas and remanded with the direction that the application for conditional use be granted. Appellant now appeals from that decision.

The basis of the Commonwealth Court’s decision was that the objectors to the facility had failed to meet their burden of showing that the facility would pose a substantial threat to the community. That court’s scope of review, and ours, is limited to determining whether an abuse of discretion or [79]*79error of law has been committed. See, Lower Merion Township v. Enokay, Inc., 427 Pa. 128, 233 A.2d 883 (1967). Only if the findings of City Council are unsupported by substantial evidence may we hold that there has been an abuse of discretion. See, Valley View Civic Association v. Zoning Board of Adjustment, 501 Pa. 550, 462 A.2d 637 (1983).

A conditional use is one which, under the Pittsburgh Zoning Ordinance, must be approved by City Council. More specifically, the ordinance reads:

(a) Conditional Uses Permitted by Council Approval. The uses named in this category are in general those of a public or semi-public character, deemed to be essential and desirable for the general convenience and welfare, and because of the nature of the use and/or its relationship to the overall plan, require the exercise of planning judgment on location and site plan. Specific conditions to be met are listed as minimum requirements.
A. Location and specific requirements. The uses listed hereunder and the establishment or enlargement thereof may be permitted in the districts herein and previously designated, by Council, when the specific conditions for approval have been met, after a public hearing and recommendation of the Commission.

Pittsburgh Zoning Ordinance, Chapter 993.01(a)(A).

An applicant for a conditional use must prove that the standards set forth in the zoning ordinance were met. Greensburg City Planning Commission v. Threshold, Inc., 12 Pa.Commw. 104, 315 A.2d 311 (1974). After the applicant has met those standards, to defeat the application evidence must be produced showing that the proposed use would pose a substantial threat to the community. Susquehanna Township Board of Commissioner v. Hardee’s Food Systems, Inc., 59 Pa.Commw. 479, 430 A.2d 367 (1981). If the evidence does not demonstrate a substantial threat to the community, the conditional use application should be granted. Id.

[80]*80Appellant’s principal argument is that the objectors to the pre-release facility did show by substantial evidence that relocating the pre-release center to Miltenberger Street would pose a threat to the community and thus, that no abuse of discretion by City Council occurred. A review of the record, however, shows that the Commonwealth Court’s conclusion to the contrary was correct.

“Substantial evidence” is “relevant evidence as a reasonable mind might accept to support a conclusion.” Valley View Civic Association, 501 Pa. at 555, 462 A.2d at 640 (citations omitted). The evidence presented by the objectors consisted of testimony of various residents of the Soho/Bluff area of Pittsburgh. The testimony showed that many of the residents perceived that the addition of the center to the neighborhood would ruin the neighborhood for various reasons. R. 26a-28a. For example, there were statements made concerning the high crime rate in the area, the number of bars in the area, and the existence of a house of prostitution in the area. There was also concern voiced about the numerous elderly and female residents in the area. Finally, concern over the effect on property values which would be caused by the center was expressed. The testimony of the neighborhood’s residents, however, was not substantiated by facts but was no more than their bald assertions, personal opinions, and perceptions of the pre-release center and the area. They did not present any studies, police records, property valuations or any type of substantive evidence upon which their fears were based, which would lead a reasonable mind to conclude that the facility would be detrimental to the community’s general welfare. Although it had ample opportunity to do so at prior stages of these proceedings, the City, for whatever reason, failed to introduce any evidence to bolster the claims voiced by the objectors.

Appellant argues that Appellee should shoulder the burden of showing that the center is not a detriment to the community in this case. In support of this conclusion, the Appellant relies on Texas Department of Community Af[81]*81fairs v. Burdine, 450 U.S. 248, 101 S.Ct.

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Commonwealth, Bureau of Corrections v. City of Pittsburgh
532 A.2d 12 (Supreme Court of Pennsylvania, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
532 A.2d 12, 516 Pa. 75, 1987 Pa. LEXIS 783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-bureau-of-corrections-v-city-of-pittsburgh-pa-1987.