Lawsuit alleges abuse of legal system in delayed Shadyside apartment project

An East End real estate developer is suing a Shadyside woman for abuse of the court system, alleging her appeal of a zoning decision delayed the construction of a 117-unit apartment project and cost them millions of dollars.

Mozart Management filed the lawsuit in Allegheny County Common Pleas Court on Monday against Lania Rubio, who lives a few houses down from the apartment building she objected to.

It includes claims for wrongful use of civil proceedings and abuse of process.

Mozart proposed a multi-family apartment project on South Aiken Street in Shadyside in 2021. Initially, Pittsburgh’s Zoning Board of Adjustments rejected the 12-story, 131-unit building.

After discussions, Mozart proposed a slightly smaller project — reducing the size to 108 feet. The project would be 10 stories with 117 units.

In March 2023, the zoning board approved the proposal provided that Mozart would make at least 10% of the units affordable to tenants who make 80% of area median income; that there be landscaping and streetscape improvements; and that tenants would be prohibited from acquiring on-street parking permits.

However, in April 2023, Rubio appealed the decision — despite not having attended the zoning hearing where public comment occurred, Mozart’s lawsuit said.

She argued that the variance granted by the zoning board was “improper and unjustified” and that the board committed “an abuse of discretion or error of law.”

Although Common Pleas Court ruled that Rubio’s case could continue, Mozart appealed to Pennsylvania Commonwealth Court. In February, the appellate court granted Mozart’s motion to quash Rubio’s appeal, finding that Rubio did not appear at the zoning board hearing to object and presented no argument to show how the project would harm her.

The state Supreme Court last month said it would not take up the case.

On Monday, Mozart sued, writing in the complaint that Rubio has no more avenues for appeal.

“There was no basis for Rubio’s appeals other than improperly seeking to delay the development and cause financial harm to Mozart Management (both of which has in fact occurred),” Mozart’s attorneys wrote. “Rubio’s tactics, pure and simple, were an abuse of the legal system.”

During the course of the appeals, Mozart wrote, the project came to a halt.

Corey Leon, an attorney who represented Rubio, said Rubio should have included the other members of her community who did testify at the original zoning hearing with her on her initial appeal.

“The people she was with did have standing,” Leon said. “If she would have had those people with her on the suit, there wouldn’t have been any issue.

“I don’t think it was bad faith in any way.”