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OVERBROOK FARMS CL. ET AL. v. PHILA. Z. B. OF A.

No. 1836 C.D. 1977.

45 Pa.Commw. 96 (1979)

Overbrook Farms Club, John T. Curtin, Augustus Sigismondi and Denis V. Brenan, Appellants v. Zoning Board of Adjustment of Philadelphia, Appellee.

Commonwealth Court of Pennsylvania.

August 15, 1979.

Attorney(s) appearing for the Case

Henry B. Fitzpatrick, Jr., with him Liebert, Short, Fitzpatrick & Lavin, for appellants.

Milton S. Lazaroff, with him Techner, Rubin, Shapiro, Slass & Lazaroff, for appellees.

Argued April 5, 1979, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, August 15, 1979:

This zoning appeal turns on one narrow question: When, under the Philadelphia Zoning Ordinance, an application for a zoning board of adjustment certificate comes to the Philadelphia Board of Adjustment by referral, not appeal, from the zoning administrator, is the board confined to deciding whether the proposal complies with the general criteria for granting all kinds of zoning board of adjustment certificates, or may the board...

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