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SMITH v. ZONING BOARD OF ADJUST

407 Pa. 122 (1962)

Smith, Appellant, v. Zoning Board of Adjustment.

Supreme Court of Pennsylvania.

March 20, 1962.

Attorney(s) appearing for the Case

Edward Unterberger, with him Samuel Packman and Stanton W. Kratzok, for appellants.

James L. Stern, Deputy City Solicitor, with him Carl Zucker and Matthew W. Bullock, Jr., Assistant City Solicitors, and David Berger, City Solicitor, for Zoning Board of Adjustment, appellee.

Louis E. Levinthal, with him Harold E. Kohn, William T. Coleman, Jr., Bruce W. Kauffman, Harry A. Rutenberg, and Dilworth, Paxson, Kalish, Kohn & Dilks, for intervenors.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE COHEN, March 20, 1962:

This is an appeal from the refusal of the lower court to grant a temporary restraining order prohibiting further construction by the defendant-intervenors on certain property located in Philadelphia. Appellants sought the restraining order in connection with their petition for a writ of certiorari to the court of common pleas from a decision of the appellee, the Zoning Board of Adjustment of the City of Philadelphia (Board...

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