The appeal of Penn Hills council's November 2012 approval of a zoning change for Joseph D'Andrea's property on Maple Lane has been cancelled.
Attorney Jonathan Kamin was scheduled to make a case against the decision —which rezoned about 10 acres off Maple Lane where D'Andrea planned to construct a two-story office building — at the Penn Hills Zoning Hearing Board meeting scheduled for Wednesday night.
Kamin said that appeal has been cancelled in light of council's July 15 approval of a new zoning amendment on the same property, one which municipal officials feel will better stand up to legal scrutiny.
“(The appeal) is now moot,” Kamin said.
The zoning hearing board will meet at 7 p.m. in the council chambers of the municipal building, located at 12245 Frankstown Road, to consider three other cases.
A county-court lawsuit relating to the November 2012 decision is still active in the Allegheny County Court of Common Pleas' online records database.
Patrick Varine is an editor for Trib Total Media. He can be reached at 412-320-7845 or firstname.lastname@example.org.
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