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SCH. DIS. OF PHILA. v. ZONING BD. OF ADJ.

417 Pa. 277 (1965)

School District of Philadelphia v. Zoning Board of Adjustment, Appellant.

Supreme Court of Pennsylvania.

March 16, 1965.

Attorney(s) appearing for the Case

Levy Anderson, First Deputy City Solicitor, with him Gerald Gornish and Carl K. Zucker, Assistant City Solicitors, Matthew W. Bullock, Jr., Deputy City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for appellant.

Joseph W. Marshall, for school district, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, March 16, 1965:

This is an appeal by the City of Philadelphia from an order of the Court of Common Pleas No. 4 of Philadelphia County overruling the decision of the zoning board of adjustment (Board) and holding that the School District of Philadelphia (School District) is exempt from the zoning provisions of the City of Philadelphia Code of Ordinances.

This case brings into sharp contrast the conflicting assertions of authority...

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