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SCHUBACH v. SILVER

461 Pa. 366 (1975)

336 A.2d 328

Fred SCHUBACH and Florence Schubach, Appellees, Raymond Hrubovak et al., Appellees, Alexander G. Allison and Dorothy Allison v. David SILVER et al., Appellants, and City of Philadelphia and Girard Trust Bank, Intervenor-Defendant, Appellant (two cases).

Supreme Court of Pennsylvania.

Decided March 18, 1975.

Attorney(s) appearing for the Case

Irvin Stander, Philadelphia, for David Silver and Pine Hill Home, Inc.

Henry W. Sawyer, III, David W. Maxey, Ward T. Williams, Drinker, Biddle & Reath, Philadelphia, for Girard Trust Bank.

J. Leon Rabben, Philadelphia, for appellees, Fred Schubach, Florence Schubach, Dr. Leon S. Caplan and Rosemarie E. Caplan.

R.L. Bazelon, Philadelphia, amicus curiae.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

EAGEN, Justice.

Once again this Court is faced with the legal issues surrounding the controversy which has arisen over the construction of the Pine Hill Home, a nursing home facility for multiple handicapped children, in the northeast section of the City of Philadelphia. Instantly, we are faced with the question of whether a rezoning of the area upon which the Home is constructed was unconstitutional as spot zoning. To facilitate an...

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