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HELLER v. ZONING BD. OF ADJUST.

404 Pa. 8 (1961)

Heller, Appellant, v. Zoning Board of Adjustment.

Supreme Court of Pennsylvania.

May 25, 1961.

Attorney(s) appearing for the Case

Reuben E. Cohen, with him Nathan B. Feinstein, and Cohen, Shapiro and Cohen, for appellants.

Lenard L. Wolffe, Assistant City Solicitor, with him Herbert Smolen, Assistant City Solicitor, 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 EAGEN, JJ.

OPINION BY MR. JUSTICE BOK, May 25, 1961:

The Philadelphia Zoning Board of Adjustment affirmed the zoning administrator's refusal to issue a building permit to appellants, who then appealed here.

The property is a mid-block, four-storey brownstone house at 2130 Spruce Street that has been converted, under a permit approved by the board in 1959, into a multiple-family structure with nine luxury apartments. Without any exterior change contemplated, the owner...

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