Property owner sought judicial review of city’s purported designation of a structure as historic.
The Court of Common Pleas vacated the historic designation. City appealed.
The Commonwealth Court held that proposed designation did not receive required affirmative vote of six members of city council.
Proposal to designate structure as historic did not receive affirmative vote of six members of city council, and therefore historical designation of structure was improper, despite contention that designation was deemed approved under city code; property owner objected to proposed designation, city council never voted on proposal, and provision allowing deemed approval only applied when owner did not object.