SPAHN v. ZONING BD. OF ADJUSTMENT

Nos. 25 & 26 EAP 2008, 27 EAP 2008, 28 EAP 2008

977 A.2d 1132 (2009)

Gary SPAHN, Appellant v. ZONING BOARD OF ADJUSTMENT, the City of Philadelphia and R.G. Woodstock Associates, LLC, Appellees Society Created to Reduce Urban Blight (SCRUB), Mary Cawley Tracy, Wynnefield Heights Civic Association, Belmont Village Community Association, and George David, Jr. v. Zoning Board of Adjustment of the City of Philadelphia, the City of Philadelphia and Patrick B. Gillespie, Jr./Shannon Outdoor, LLC Appeal of Society Created to Reduce Urban Blight (SCRUB), Mary Cawley Tracy, Wynnefield Heights Civic Association and Belmont Village Community Association. Society Created to Reduce Urban Blight (SCRUB), Mary Tracy, Wecaccoe CDC, Whitman Council, Fred Druding and Jovida Hill, Appellants v. Zoning Hearing Board of Adjustment of the City of Philadelphia, City of Philadelphia, BDB Company and Keystone Outdoor Advertising, Appellees.

Supreme Court of Pennsylvania.

Decided August 18, 2009.


Attorney(s) appearing for the Case

Samuel C. Stretton, Esq., Law Offices of Samuel C. Stretton, West Chester, for Gary Spahn, Society Created to Reduce Urban Blight (SCRUB)/M.C. Tracy/Wynnefield Hghts. Civic Ass'n/Belmont Village Comm. Ass'n, appellants.

Richard Gerson Feder, Esq., Cheryl Lorraine Gaston, Esq., City of Philadelphia Law Dept., for Zoning Bd. of Adjustment/City of Philadelphia, appellee.

Joseph Beller, Esq., Beller, Stouffer & Orphanides, L.L.P., for R.G. Woodstock Associates, LLC, appellee.

Lathrop Barrere Nelson, III, Esq., Montgomery, McCracken, Walker & Rhoads, L.L.P., Philadelphia, for Patrick B. Gillespie, Jr. and Shannon Outdoor, LLC, appellee.

Stephen G. Pollock, Esq., Montgomery, McCracken, Walker & Rhoads, L.L.P., Philadelphia, Vincent B. Mancini, Esq., Law Offices of Vincent B. Mancini & Associates, Media, John M. Elliott, Esq., Elliott Greenleaf, Blue Bell, for BDB Co. and Keystone Outdoor Advertising Co., Inc., appellees.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.


OPINION

Chief Justice CASTILLE.

The questions presented in this appeal arose from the General Assembly's enactment of Section 17.1 of the First Class City Home Rule Act ("Home Rule Act"), 53 P.S. § 13131.1.1 The enactment occurred following the introduction of House Bill No. 1954 on September 9, 2003, which originally involved increasing the fines and penalties for Philadelphia...

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