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SCHUBACH et al. v. SILVER et al.

Appeal, No. 30 Tr. Dkt. 1972.

9 Pa.Commw. 152 (1973)

Schubach, et al. v. Silver, et al.

Commonwealth Court of Pennsylvania.

June 8, 1973.

Attorney(s) appearing for the Case

J. Leon Rabben, for appellants.

Irvin Stander, for appellees, Silver, Pine Hill and Yellin and Co.

Howard D. Scher, Assistant City Solicitor, with him John Mattioni, Deputy City Solictor, and Martin Weinberg, City Solicitor, for appellee, City of Philadelphia.

David Maxey, with him Henry W. Sawyer and Drinker, Biddle & Reath, for intervenor, Girard Trust Bank.

Argued February 7, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, June 8, 1973:

Various aspects of the controversy involved in this case have been argued at various times before the Philadelphia Zoning Board of Adjustment (Board), before numerous judges of the Court of Common Pleas of Philadelphia, at least twice before the Supreme Court of Pennsylvania and once in this Court.1

The point in controversy here involves the current use of a tract of land in Philadelphia owned...

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