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SMOLOW v. ZONING BD. OF ADJ.

391 Pa. 71 (1958)

Smolow, Appellant, v. Zoning Board of Adjustment.

Supreme Court of Pennsylvania.

January 6, 1958.

Attorney(s) appearing for the Case

Albert S. Fein, for appellant.

Leonard L. Ettinger, Deputy City Solicitor, with him Gordon Cavanaugh, Assistant City Solicitor, James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE MUSMANNO, January 6, 1958:

In September, 1952, Isador Smolow, a real estate broker, the plaintiff in this case, moved into a house at 6114 Castor Avenue, Philadelphia, located in a "D" residential zone which, under appropriate zoning regulation, was closed to commercial businesses. Smolow applied to the Zoning Board of Adjustment for permission to use his house as a real estate office and dwelling. The Board refused the requested variance and...

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