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BRAY ET AL. v. ZON. BD. OF ADJUSTMENT ET AL.

No. 175 C.D. 1978.

48 Pa.Commw. 523 (1980)

Dana S. Bray and William L. Feeley v. Zoning Board of Adjustment and Somerton Civic Association. City of Philadelphia, Appellant.

Commonwealth Court of Pennsylvania.

January 17, 1980.

Attorney(s) appearing for the Case

Steven H. Kitty, Assistant City Solicitor, with him Sheldon L. Albert, City Solicitor and Barbara S. Gilbert, Deputy City Solicitor, for appellant.

Frank M. Jackson, with him Harry Schwartz, Eugene E. Kellis, and Richelle D.R. Hittinger, for appellee.

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

OPINION BY JUDGE CRAIG, January 17, 1980:

The City of Philadelphia has brought this zoning appeal from a decision of the Court of Common Pleas of Philadelphia County which reversed the Philadelphia Zoning Board of Adjustment's denial of an application to establish a roller-skating rink in an Area Shopping Center District under Section 14-309(2)(j) of the Philadelphia Zoning Code (code). That section allows, by board certificate, a "use of the same general character...

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