|Att'y Blake Marles|
Atiyeh has responded to this ruling with an appeal to Commonwealth Court, filed by Attorney Blake Marles on November 5. In addition, Marles has asked Judge Smith to reconsider, arguing that the only matter before him is whether the Planning Commission had a basis to deny the submitted plans. He also points out that, since this matter was never in front of the Zoning Hearing Board, there is no basis for a remand. In fact, Marles insists that since there was no legitimate basis for the denial of his plan, it should be deemed approved.
After his bid for luxury apartments at that 5-acre site failed, Atiyeh proposed a 4-story, 125-bed, inpatient detox center and psychiatric center. The site in question is located in an institutional district, where a psychiatric hospital is a permitted use.