The Commonwealth Court has affirmed a trial court’s decision to grant a conditional use permit for an adult cabaret in Pittsburgh, ruling that concerns over its impact on a nearby social club for recovering alcoholics and drug addicts were “speculative.”

The court’s decision, reached after reviewing the city’s zoning code, held that the burden never shifted back to the cabaret’s developer, Marquise Investment, to disprove allegations that the establishment would harm the “health, safety and welfare of the community.”

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