SCRUB v. ZONING BD. OF ADJUSTMENT


862 A.2d 731 (2004)

SOCIETY CREATED TO REDUCE URBAN BLIGHT (SCRUB) and Mary Cawley Tracy, Appellants, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PHILADELPHIA and Oregon Avenue Associates and Clear Channel Outdoor, Inc.

Commonwealth Court of Pennsylvania.

Decided December 6, 2004.


Attorney(s) appearing for the Case

Samuel C. Stretton, West Chester, for appellant.

Cheryl L. Gaston, Philadelphia, for appellee, Zoning Bd. of Adjustment of the City of Phila.

Glenn A. Weiner, Philadelphia, for appellee, Clear Channel Outdoor, Inc.

BEFORE: PELLEGRINI, J., and FRIEDMAN, J., and JIULIANTE, Senior Judge.


OPINION BY Judge FRIEDMAN.

Society Created to Reduce Urban Blight (SCRUB) and Mary Cawley Tracy appeal from the December 11, 2003, order of the Court of Common Pleas of Philadelphia County (trial court), which affirmed the decision of the Zoning Board of Adjustment (Board) of the City of Philadelphia (City) to grant use variances for the erection of a non-accessory outdoor advertising sign. We reverse.

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