In Re City of Pittsburgh

*78DISSENTING OPINION BY

President Judge LEADBETTER.

I must respectfully dissent. Given the specific mission of the Trust, which is conceded to be that of a purely public charity, I believe, as found by the trial court, that the Trust is currently “using” the properties in question for those charitable purposes. In addition, I believe the term “occupancy” means no more than regular use by the charitable institution. Accordingly, I would affirm the thoughtful decision of the Honorable R. Stanton Wettick, Jr.

Judge LEAVITT joins this dissenting opinion.