BORETH v. PHILA. ZONING BD. OF A.


396 Pa. 82 (1959)

Boreth, Appellant, v. Philadelphia Zoning Board of Adjustment.

Supreme Court of Pennsylvania.

May 28, 1959.


Attorney(s) appearing for the Case

Herman Toll, with him Morton Craine, for appellant.

Gordon Cavanaugh, Assistant City Solicitor, with him James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for Zoning Board of Adjustment, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.


OPINION BY MR. JUSTICE COHEN, May 28, 1959:

Mary Boreth, appellant, filed an application for a use registration permit to operate a beauty shop in the basement of her premises. The application was refused and the zoning board, after a public hearing, also refused to issue the permit to her. Thereafter, she took an appeal to the court of common pleas contending that the operation of her beauty shop is a "home occupation" as...

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