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MENTHA CORP. v. ZONING BD. OF ADJ. et al.

1 Pa.Commw. 415 (1971)

Mentha Corporation v. Zoning Board of Adjustment of the City of Philadelphia and Captree Associates, Intervening Appellee.

Commonwealth Court of Pennsylvania.

March 24, 1971.

Attorney(s) appearing for the Case

Judah L. Labovitz, for appellant.

Carl K. Zucker, Deputy City Solicitor, with him Matthew W. Bullock, Jr., First Deputy City Solicitor, Edward G. Bauer, Jr., and Levy Anderson, City Solicitor, for appellee city.

Edward F. Beatty, Jr., with him Norman R. Bradley, for intervening appellee.

Argued February 10, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS.

OPINION BY JUDGE WILKINSON, March 24, 1971:

This case involves the very narrow point of the dimensions of a "lot" within the meaning of section 14-306(4) of the Philadelphia Zoning Code. Put another way, the question to be resolved is whether the area of the lot defined in section 14-306(4) includes the area of an easement which, at ground level, the owner or developer cannot use, develop or build upon. This question has been passed upon in this case by many levels...

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