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SILVER v. ZONING BD. OF ADJ.

435 Pa. 99 (1969)

Silver, Appellant, v. Zoning Board of Adjustment.

Supreme Court of Pennsylvania.

June 27, 1969.

Attorney(s) appearing for the Case

Harold Greenberg, with him Reuben E. Cohen, and Cohen, Shapiro, Berger, Polisher & Cohen, for appellant.

Matthew W. Bullock, Jr., Second Deputy City Solicitor, with him Carl K. Zucker, Assistant City Solicitor, and Edward G. Bauer, Jr., City Solicitor, for board, appellee.

Before JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE JONES, June 27, 1969:

At issue in this case is the constitutionality of a provision in the Philadelphia Zoning Code of 1962 prohibiting an increase in the number of units of certain non-conforming multiple dwellings. Section 14-104(3) (b) of the Code states: "Any non-conforming multiple dwelling subject to the provisions of Subsection (1)1 shall be deemed non-conforming as to the specific number of dwelling units...

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