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PHILA. v. EARL SCHEIB REALTY CORP.

Appeal, No. 330 C.D. 1972.

8 Pa.Commw. 11 (1973)

Philadelphia v. Earl Scheib Realty Corp.

Commonwealth Court of Pennsylvania.

March 15, 1973.

Attorney(s) appearing for the Case

Ronald H. Beifeld, Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellant.

Carl K. Zucker, with him Reuben E. Cohen and Cohen, Shapiro, Polisher, Sheikman and Cohen, for appellee.

Argued January 8, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, March 15, 1973:

Earl Scheib Realty Corporation (applicant/appellee) sought to construct a one-story building with accessory off-street parking upon a vacant lot on the northeast corner of Cottman and Rockwell Avenues in the City of Philadelphia for automobile painting and body repair. The premises is situate in a district classified "C-2" Commercial, and, as such, the proposed use is not permitted in the district (but is permitted in various...

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