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RITTENHOUSE ROW v. ASPITE

917 A.2d 880 (2006)

RITTENHOUSE ROW and Don Davidow v. Dominic ASPITE, 1420-22 Chestnut Street Associates and the Zoning Board of Adjustment of the City of Philadelphia Appeal of: Dominic Aspite and 1420-22 Chestnut Street Associates.

Commonwealth Court of Pennsylvania.

Decided December 19, 2006.

Attorney(s) appearing for the Case

Joseph Beller and Christopher F. Stouffer, Philadelphia, for appellants.

Shawn D. Ward, Trevose, for appellee, Rittenhouse Row.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, SIMPSON, Judge, and LEAVITT, Judge.

OPINION BY President Judge COLINS.

Dominic Aspite and 1420 Chestnut Street Associates (collectively, Aspite) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court), which reversed a decision of the Philadelphia Zoning Board of Adjustment (ZBA) granting his application for a use variance. Aspite questions whether the trial court erred in concluding that he failed to establish a hardship. Discerning no error, we affirm the trial court...

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