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PHILADELPHIA v. WYSZYNSKI

381 Pa. 153 (1955)

Philadelphia v. Wyszynski, Appellant.

Supreme Court of Pennsylvania.

March 14, 1955.

Attorney(s) appearing for the Case

Harry R. Back, with him Arthur E. Dennis, Lester H. Novack, and Dennis, Rotman, Gorson & Cohen, for appellants.

James L. Stern, Deputy City Solicitor, with him Matthew W. Bullock, Jr., Assistant City Solicitor and Abraham L. Freedman, City Solicitor, for appellee.

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

OPINION BY MR. JUSTICE JONES, March 14, 1955:

The City of Philadelphia filed a complaint in equity against Roman Wyszynski and his wife to enjoin them from operating a commercial meat-smoking and processing plant on their property which is located in a district of the City zoned "A" Residential. It is not disputed that the pertinent zoning ordinance does not permit a commercial meat-processing plant in an "A" Residential district which is the most highly restricted...

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