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J.B. SIMON & CO. v. ZONING BD. OF ADJ.

403 Pa. 176 (1961)

Joseph B. Simon & Company, Appellant, v. Zoning Board of Adjustment.

Supreme Court of Pennsylvania.

March 13, 1961.

Attorney(s) appearing for the Case

Arlin M. Adams, with him Sanford M. Rosenbloom, and Schnader, Harrison, Segal & Lewis, for appellant.

Lenard L. Wolffe, Assistant City Solicitor, with him Matthew W. Bullock, Jr., 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 BELL, March 13, 1961:

Applicant applied for a variance to use the premises as a gasoline station. The property in question is zoned "D" Residential. The Zoning Board of Adjustment in a 3 to 2 decision refused the application. The lower Court without taking any testimony affirmed the Order of the Board of Adjustment.

The premises, vacant land, were located on the south side of Upsal Street near its intersection with Belfield Avenue in...

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