ST. VLADIMIR'S U.O. CH. v. FUN BUN, INC. et al.

Appeal No. 147 C.D. 1971.

3 Pa.Commw. 394 (1971)

St. Vladimir's Ukrainian Orthodox Church v. Fun Bun, Inc., and Zoning Board of Adjustment.

Commonwealth Court of Pennsylvania.

October 29, 1971.


Attorney(s) appearing for the Case

John D. Egnal, with him Michael H. Egnal and Egnal & Egnal, for appellant.

Ronald H. Beifeld, Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor, and Levy Anderson, City Solicitor, for City of Philadelphia.

Perrin C. Hamilton, with him C. George Milner and Hamilton, Darmopray, Malloy & Milner, for appellee.

Argued June 2, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.


OPINION BY JUDGE KRAMER, October 29, 1971:

This is an appeal from an Order and Opinion of the Court of Common Pleas of Philadelphia County, sustaining the appeal of St. Vladimir's Ukrainian Orthodox Church, appellee (Church), from an adjudication of the Zoning Board of Adjustment of the City of Philadelphia, intervenor (Board). The Board had dismissed the appeal of the Church arising out of the issuance of a zoning and use permit to Fun Bun, Inc., appellant (Fun Bun...

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