# Nassif v. BOARD OF ADJUSTMENT OF CITY OF PITTSBURGH

> Supreme Court of Pennsylvania · August 10, 1982 · 498 Pa. 530

URL: https://www.frixlaw.com/law-library/cases/1962517

## Case

- **Full name:** Nathan S. NASSIF, Joseph Nassif, and Kountz & Rider, Inc., Petitioners, v. BOARD OF ADJUSTMENT OF the CITY OF PITTSBURGH and the City of Pittsburgh, Respondent
- **Court:** Supreme Court of Pennsylvania
- **Decided:** August 10, 1982
- **Citations:** 498 Pa. 530; 448 A.2d 535; 1982 Pa. LEXIS 731
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Per Curiam
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1962517

## Opinion text

*531
ORDER OF COURT
PER CURIAM:
The petition for allowance of appeal is granted. In reviewing the
de novo
findings of the Court of Common Pleas of Allegheny County, the Commonwealth Court departed from the appropriate standard of review by independently assessing the credibility of the evidence adduced in the Court of Common Pleas. The Commonwealth Court improperly substituted its own view of the facts for the lower court’s factual conclusions, which were supported by the record. Consequently, the order of the Commonwealth Court is reversed and the case is remanded to that Court for a determination as to whether the Court of Common Pleas made an error in law or committed an abuse of discretion.
See Overstreet v. Zoning Hearing Bd. of Schuylkill Township,
49 Pa.Cmwlth. 397 , 412 A.2d 169 (1980);
Michaels Development Co. Inc. v. Benzinger Township Board of Supervisors,
50 Pa.Cmwlth. 281 , 413 A.2d 743 (1980).
See also, Vazoni v. Bridgeport Borough Council,
420 Pa. 411 , 218 A.2d 235 (1966);
Doyle v. Springfield Township,
394 Pa. 49 , 145 A.2d 695 (1958).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1962517. Public record. Not legal advice.