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DURKIN CON. CO. v. ZONING BD. OF ADJ.

Appeal, No. 868 C.D. 1971.

6 Pa.Commw. 211 (1972)

Durkin Contracting Company v. Zoning Board of Adjustment.

Commonwealth Court of Pennsylvania.

July 26, 1972.

Attorney(s) appearing for the Case

James M. Penny, Jr., Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor, and Martin Weinberg, City Solicitor, for appellant.

John E. Tuohy, with him Charles V. Stoelker, Jr., and Meehan & Stoelker, for appellee.

Argued May 2, 1972, before Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. President Judge BOWMAN did not participate.

OPINION BY JUDGE CRUMLISH, JR., July 26, 1972:

This case is before us on appeal by the Zoning Board of Adjustment of Philadelphia (Board) from a decision of the Court of Common Pleas of Philadelphia County which directed the Board to grant a variance requested by appellee, Durkin Contracting Company.

On March 10, 1971, Durkin had applied for a zoning permit for a parcel of land approximately 175 by 150...

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