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ANDRESS v. ZONING BOARD OF ADJUST.

410 Pa. 77 (1963)

Andress, Appellant, v. Zoning Board of Adjustment.

Supreme Court of Pennsylvania.

January 21, 1963.

Attorney(s) appearing for the Case

Robert G. Hess, with him Howland and Hess, for protestants, appellants.

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

Jerome B. Apfel, with him Blank, Rudenko, Klaus & Rome, for applicant, appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, January 21, 1963:

This is an appeal from an Order of the Court of Common Pleas which, without taking testimony, affirmed the decision of the Zoning Board to grant a variance for the erection of an apartment house.

Appellee, C M C Construction Company, a land development company (hereinafter called "C M C") purchased the parcel of land here involved at the same time that it purchased three neighboring (but not contiguous)...

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