The Frendship Preservation Group, Inc. et al. Zoning Board of Adjustment of the City of Pittsburgh and UPMC Shadyside (Per Curiam Order)

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[J-2-2006] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER, BALDWIN, JJ. 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 : No. 20 WAP 2005 Appeal from the Order of the Commonwealth 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. ARGUED: February 28, 2006 ORDER PER CURIAM: DECIDED: OCTOBER 5, 2006 AND NOW, this 5th day of October 2006, the Court being evenly divided, the Order of the Commonwealth Court is affirmed. Mr. Chief Justice Cappy did not participate in the consideration or decision of this case. For affirmance, Messrs. Justice Castille, Saylor, and Baer. For reversal, Madame Justice Newman, Mr. Justice Eakin, and Madame Justice Baldwin.

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