MARSHALL v. CITY OF PHILADELPHIA

No. 37 EAP 2013.

97 A.3d 323 (2014)

Gloria MARSHALL v. CITY OF PHILADELPHIA and Zoning Board of Adjustment. Appeal of Archdiocese of Philadelphia.

Supreme Court of Pennsylvania.

Decided July 21, 2014.


Attorney(s) appearing for the Case

Kevin R. Boyle, Esq. , Karl Stewart Myers, Esq. , Maria J. Wing, Esq. , Stradley, Ronon, Stevens & Young, LLP, Philadelphia, for Archdiocese of Philadelphia.

Jon Alan Marshall Jr., Esq. , for Gloria Marshall.

Andrew S. Ross, Esq. , City of Philadelphia Law Department, for City of Philadelphia.

Darin J. Steinberg, Esq. , Elkins Park, for Zoning Board of Adjustment.

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


OPINION

Justice McCAFFERY.

In this zoning matter, we must determine if the Commonwealth Court applied an improper standard in reversing a zoning board's grant of a variance.

On November 8, 2010, the Archdiocese of Philadelphia ("Archdiocese") filed an Application for Zoning/Use Registration Permit with the Philadelphia Department of Licenses and Inspections ("L & I") for conversion of the Nativity B.V.M. Elementary School into a 63-unit...

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