WYSZYNSKI v. PHILADELPHIA


370 Pa. 632 (1952)

Wyszynski, Appellant, v. Philadelphia.

Supreme Court of Pennsylvania.

May 27, 1952.


Attorney(s) appearing for the Case

Harry R. Back, with him Garfield Levy and Back & Levy, for appellants.

James L. Stern, Assistant City Solicitor, with him Abraham L. Freedman, City Solicitor, for appellee.

Before DREW, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 27, 1952:

The single question is whether or not the remedy against the enforcement of penalties for an alleged zoning violation provided by the Zoning Act of May 6, 1929 P.L. 1551, 53 PS 3822 et seq. is exclusive. The court below ruled that it was. This appeal followed.

Appellants aver, in their bill in equity to enjoin the enforcement of an order of a Bureau of Engineering, Surveys and Zoning, that appellants acquired...

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