RUBIN v. ZONING BD. OF ADJ.


1 Pa.Commw. 406 (1971)

David Rubin v. Zoning Board of Adjustment (Philadelphia).

Commonwealth Court of Pennsylvania.

March 2, 1971.


Attorney(s) appearing for the Case

Marvyn Gould, with him Yaffe & Gould, for appellant.

Matthew W. Bullock, Jr., 2nd Deputy City Solicitor, with him Edward G. Bauer, Jr., City Solicitor, for appellee.

Argued October 6, 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 of Pennsylvania and did not participate in the decision).


OPINION BY JUDGE KRAMER, March 2, 1971:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County dated June 3, 1969, which affirmed the adjudication of the Zoning Board of Adjustment of Philadelphia dated June 24, 1968, in which the Board "refused" the appellant's application for a use certificate for an open air private parking lot under the provisions of Section 14-303(3) (f) (.4) of the Philadelphia Code.

The case was transferred...

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