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T. FRIEDMAN & SONS, INC. v. ZON. BD. OF A.

398 Pa. 494 (1960)

Theresa Friedman & Sons, Inc. v. Zoning Board of Adjustment (et al., Appellant).

Supreme Court of Pennsylvania.

March 22, 1960.

Attorney(s) appearing for the Case

James L. Stern, Deputy City Solicitor, with him Lenard L. Wolffe, Assistant City Solicitor, Shirley S. Bitterman, Deputy City Solicitor, and David Berger, City Solicitor, for City of Philadelphia, intervening appellant.

John A. Geisz, for protestants, appellants.

Philip Sterling, with him Milton A. Feldman, and Sterling, Magaziner, Stern & Levy, for appellee.

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

OPINION PER CURIAM, March 22, 1960:

The order is affirmed on the opinion of Judge WEINROTT, 20 Pa. D. & C. 2d 149.

DISSENTING OPINION BY MR. JUSTICE COHEN:

It is of extreme importance that the zoning board be maintained as a paramount power in deciding factual zoning questions. Here, acting only on the record established by the zoning board, the court below has substituted its own views for those of the zoning board

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