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O'NEILL v. PHILA. ZONING BD. of ADJUST

384 Pa. 379 (1956)

O'Neill v. Philadelphia Zoning Board of Adjustment (et al., Appellant).

Supreme Court of Pennsylvania.

March 13, 1956.

Attorney(s) appearing for the Case

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

Robert K. Greenfield, with him Thomas F. Devine and Folz, Bard, Kamsler, Goodis & Greenfield, for individual appellant, Nadia Chilkovsky.

John E. Krout, with him Drinker, Biddle & Reath, for appellees.

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

OPINION BY MR. JUSTICE CHIDSEY, March 13, 1956:

Appellant, Nadia Chilkovsky, the equitable owner of premises 271 South Van Pelt Street, Philadelphia, under an agreement to purchase, filed an application for a permit with the Zoning Division of the Department of Licenses and Inspections to use the property as a ballet school in conjunction with her private dwelling. The Zoning Division denied the permit because the proposed use was not permitted in the particular district...

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