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SOCIETY CREATED v. ZON. BD. OF ADJ.

862 A.2d 745 (2004)

SOCIETY CREATED TO REDUCE URBAN BLIGHT (SCRUB) and Mary Cawley Tracy, Appellants v. ZONING BOARD OF ADJUSTMENT OF THE CITY OF PHILADELPHIA, the City of Philadelphia, 2900 Ellsworth 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 appellants.

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

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

BEFORE: PELLEGRINI, Judge, FRIEDMAN, Judge, 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 of the City of Philadelphia (Board) to grant a use variance for the erection of a non-accessory outdoor advertising sign. We reverse.

On May 14, 2002, 2900 Ellsworth Associates (Ellsworth) and Clear...

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