DEPT. OF GEN. SERV. v. Z. B. OF ADJ., PHILA.

Nos. 768 C.D. 1982 and 795 C.D. 1982.

73 Pa.Commw. 525 (1983)

Commonwealth of Pennsylvania, Department of General Services v. Zoning Board of Adjustment of the City of Philadelphia et al. Ogontz Area Neighbors Association, Appellant. Commonwealth of Pennsylvania, Department of General Services v. Zoning Board of Adjustment of the City of Philadelphia et al. Zoning Board of Adjustment of the City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

April 21, 1983.


Attorney(s) appearing for the Case

Denis James Lawler, with him Don P. Foster, Rubin, Quinn, Moss & Girard-di-Carlo, and Anthony P. Krzywicki, Chief Counsel, for the Department of General Services.

Charles B. Stokes, Jr., Assistant City Solicitor, with him Alan J. Davis, City Solicitor, for Zoning Board of Adjustment of the City of Philadelphia.

David Cohen, with him Moira Dunworth, for Ogontz Neighbors Association.

Argued December 14, 1982, before Judges ROGERS, BLATT, CRAIG and DOYLE. Judge CRUMLISH, JR. did not participate.


OPINION IN SUPPORT OF AFFIRMANCE BY JUDGE ROGERS.

The Ogontz Area Neighbors Association, an intervenor in a zoning case, has appealed an order of the Philadelphia Common Pleas Court, per Judge CHARLES A. LORD, reversing an order of the Philadelphia Zoning Board of Adjustment refusing a variance to the Commonwealth for the use of land in a residential zoning district as a facility for the mentally handicapped. The Zoning Board of Adjustment also appealed but it has...

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