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CALABRESE v. ZONING BD. OF ADJ. et al.

Appeal, No. 695 C.D. 1971.

5 Pa.Commw. 444 (1972)

Calabrese v. Zoning Board of Adjustment and Schneider, et ux., Intervenors.

Commonwealth Court of Pennsylvania.

May 26, 1972.

Attorney(s) appearing for the Case

John A. Spaeder, with him Marsh, Spaeder, Baur, Spaeder & Schaaf, for appellants.

Charles D. Agresti, with him Agresti & Agresti, for appellee.

Argued February 23, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE MENCER, May 26, 1972:

This is an appeal from a decision of the Court of Common Pleas of Erie County, which held an amendatory zoning ordinance of the Council of the City of Erie to be invalid and unconstitutional and likewise a building permit issued pursuant to that ordinance to be null and void.

The chronological background of the case is as follows:

April 11, 1970. Appellants David Schneider and his wife, Janice, inquired...

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