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PHILADELPHIA v. BUDNEY

396 Pa. 87 (1959)

Philadelphia v. Budney, Appellant.

Supreme Court of Pennsylvania.

May 28, 1959.

Attorney(s) appearing for the Case

Maxwell P. Gorson, for appellant.

Lenard L. Wolffe, Assistant City Solicitor, with him Matthew W. Bullock, Jr., Assistant City Solicitor, James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE COHEN, May 28, 1959:

This is an action in equity brought by the City of Philadelphia (city) to enjoin the Budneys, appellants, from violating the city's zoning ordinance and from maintaining a nuisance. The alleged nuisance is a junkyard located at 4337-39 Bermuda Street in a "D" Residential District. Prior to this action, appellant was refused permission by the board of adjustment to operate this junkyard...

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