Allegheny County Court rules in favor of Jefferson Hills in UPMC case

An Allegheny County Court of Common Pleas recent decision means UPMC cannot build a hospital one mile down the road from an Allegheny Health Network hospital in Jefferson Hills — for now.

Judge Joseph James dismissed an appeal of AUUE Inc., an affiliate of UPMC, after the Jefferson Hills Zoning Hearing Board revoked the hospital giant a zoning permit to build a proposed hospital along Route 51.

The board revoked the permit last September after almost a dozen hearings earlier in 2019 where residents questioned and challenged the initial approval of the permit.

A group of residents, along with their lawyers, argued the language in the borough’s zoning ordinances did not allow a hospital to be built there. Parcels purchased by AUUE include a mix of residential, office park and commercial.

UPMC’s latest proposal included a four-story hospital with 63 beds, 700 parking spaces, an emergency room, imaging center, women’s health facility and operating and recovery rooms.

AHN Jefferson Hospital is located a mile down the road from UPMC’s proposed site.

James’ ruling comes nearly a year after UPMC filed an appeal, which argued the zoning hearing board’s revocation of the permit was “arbitrary, capricious, an abuse of discretion, contrary to law and not supported by the facts.”

Nevertheless, James ruled that a zoning hearing board’s interpretation of its ordinances is “entitled to great weight and deference.”

James said the intent of the ordinance does not leave room for the development of more than one competing hospital in the same zoning district.

Jonathan Marcus, the attorney who represented Jefferson Hills residents, said in an emailed statement his firm is happy for them.

“The residents showed up for years of hearings and meetings on this issue, and they remain committed,” he said. “They care deeply about their neighborhood. We’re happy for them.”

Councilwoman Nicole Ruscitto and Councilman Keith Reynolds were elated to hear the news.

“I was pleased with the ruling,” Ruscitto said. “For me, this was something I always stated, it was not really a UPMC issue for me. It was always a zoning issue for me. It just wasn’t the appropriate place for something of that nature.”

Reynolds said he was proud of the Jefferson Hills residents who fought.

“The residents deserved (the ruling),” he said. “Your community is always worth fighting for and I’m glad they had success.”

UPMC can appeal the ruling to Commonwealth Court of Pennsylvania. A spokeswoman for the hospital network declined to comment.

Jefferson Hills Zoning Hearing Board members were not immediately available to comment. But Jeffrey Lochner, the board’s solicitor, said he would assume they are happy.

“The board spent a lot of time on that case and making a decision on it. So I’d think they would be satisfied the judge upheld their ruling,” Lochner said.