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GAUDENZIA, INC. v. ZON. BD. OF ADJ. et al.

Appeal, No. 380 C.D. 1971.

4 Pa.Commw. 355 (1972)

Gaudenzia, Inc. v. Zoning Board of Adjustment and Lefever, et al., Intervenors.

Commonwealth Court of Pennsylvania.

February 14, 1972.

Attorney(s) appearing for the Case

Peter Hearn, with him A. Clifford Pearlman and Pepper, Hamilton & Scheetz, for appellant.

Howard D. Scher, Assistant City Solicitor, with him John Mattioni, Deputy City Solicitor, and Levy Anderson, City Solicitor, for appellee.

Irvin Stander for intervenors.

Argued October 5, 1971, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and ROGERS. Judge MANDERINO did not participate in the decision.

OPINION BY JUDGE KRAMER, February 14, 1972:

This is an appeal from an Opinion and Order of the Common Pleas Court of Philadelphia County, dated April 21, 1971, affirming the adjudication of the Zoning Board of Adjustment of Philadelphia (Board), dismissing the appeal of Gaudenzia, Inc. (Gaudenzia). The effect of this adjudication was to affirm the refusal by the zoning administrative officer to issue a use certificate to Gaudenzia.

On August 3, 1970, Gaudenzia...

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