HEBEISEN v. PHILA. ZON. BD. OF ADJ.


2 Pa.Commw. 331 (1971)

Hebeisen v. Philadelphia Zoning Board of Adjustment.

Commonwealth Court of Pennsylvania.

May 28, 1971.


Attorney(s) appearing for the Case

Louis F. Floge, with him Schnader, Harrison, Segal & Lewis, for appellant, James D. Morrissey, Inc.

Carl K. Zucker, Deputy City Solicitor, with him Matthew W. Bullock, Jr., First Deputy City Solicitor and Levy Anderson, City Solicitor, for intervening appellant, Zoning Board of Adjustment of the City of Philadelphia.

Arsen Kashkashian, Jr., with him Simons, Kashkashian, Nissenbaum & Kellis, for appellees, Frederick Hebeisen, et al.

Argued December 15, 1970, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER, and BARBIERI (who has since been appointed to the Supreme Court and did not participate in the decision).


OPINION BY JUDGE MANDERINO, May 28, 1971:

This is an appeal from an Order of the Court of Common Pleas of Philadelphia County declaring unconstitutional Ordinance No. 220 which amended the Zoning Ordinance for the City of Philadelphia. James D. Morrissey, Inc., is the owner of a rectangular tract of land of approximately twenty-two acres (the Morrissey tract) which, by the above ordinance was rezoned G-2 General...

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