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KELLY v. PHILADELPHIA

382 Pa. 459 (1955)

Kelly v. Philadelphia, Appellant.

Supreme Court of Pennsylvania.

June 27, 1955.

Attorney(s) appearing for the Case

James L. Stern, Deputy City Solicitor, and Herbert M. Linsenberg, Assistant City Solicitor, with them Jerome J. Shestack, First Deputy City Solicitor and Abraham L. Freedman, City Solicitor, for defendants, appellants.

John Edward Sheridan, for plaintiff, Kelly, appellee.

Walter B. Saul, and Henry J. Morgan, with them James P. Gilliland and Joseph P. Flanagan, for Queen Lane Park, Inc., appellant.

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

OPINION BY MR. JUSTICE CHIDSEY, June 27, 1955:

These appeals present two principal questions (1) whether the evidence supports the chancellor's conclusion that the operation of a proposed municipal incinerator of 600-ton capacity on an area of land in the City of Philadelphia would create a nuisance in fact; (2) whether a certain ordinance of the City changing the classification of the area in question to allow the construction of the incinerator thereon was validly...

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