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FAGAN v. ZONING BD. OF ADJUSTMENT

389 Pa. 99 (1957)

Fagan, Appellant, v. Zoning Board of Adjustment.

Supreme Court of Pennsylvania.

May 27, 1957.

Attorney(s) appearing for the Case

William Cohen, for appellants.

Leonard L. Ettinger, Deputy City Solicitor, with him Gordon Cavanaugh, Assistant City Solicitor, David Berger, City Solicitor, Lenard L. Wolffe, Assistant City Solicitor and James L. Stern, Deputy City Solicitor, for appellee.

Before JONES, C.J., MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE ARNOLD, May 27, 1957:

This appeal involves the narrow issue as to whether the court below erred in affirming the action of the Philadelphia Zoning Board of Adjustment refusing appellants' application for a variance.

The case comes before us on the broadest form of certiorari, since the Enabling Act of May 6, 1929, P.L. 1551, 53 PS § 3822 et seq. is silent regarding appeals. As stated in Garner v. Zoning Board of Adjustment,<...

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