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LENED HOMES, INC. v. DEPT. OF LICENSES

386 Pa. 50 (1956)

Lened Homes, Inc. v. Philadelphia Department of Licenses and Inspections, Appellant.

Supreme Court of Pennsylvania.

June 25, 1956.

Attorney(s) appearing for the Case

James L. Stern, Deputy City Solicitor, with him Jacob J. Siegal and Richard H. Markowitz, Assistant City Solicitors, and David Berger and Abraham L. Freedman, City Solicitors, for appellant.

Edmund B. Spaeth, Jr., with him Homer H. Hewitt, III, Frederick L. Fuges, and MacCoy, Evans & Lewis, for appellee.

Before STERN, C.J., JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE BELL, June 25, 1956:

This is an appeal by the defendant, the Department of Licenses and Inspections of the City of Philadelphia, from an order dismissing defendant's petition to open a summary judgment entered on November 11, 1955. The facts are unusual.

Plaintiff, a building corporation, purchased on April 1, 1954, a tract of land in the City of Philadelphia for the purpose of constructing row houses upon it. At that time the zoning...

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