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HEILMAN v. Z. B. OF ADJ., PHILA. CO.

No. 1020 C.D. 1981.

69 Pa.Commw. 157 (1982)

Susan Heilman et al., Appellants v. Zoning Board of Adjustment of Philadelphia County and Nazareth Baptist Church, Appellees.

Commonwealth Court of Pennsylvania.

September 23, 1982.

Attorney(s) appearing for the Case

D. Bruce Hanes, Shein & Brookman, P.A., for appellants.

Richard J. Goldstein, Cohen, Shapiro, Polisher, Shiekman and Cohen, for intervening appellee, Nazareth Baptist Church.

Argued March 4, 1982, before Judges CRAIG, MacPHAIL and DOYLE, sitting as a panel of three.

OPINION BY JUDGE DOYLE, September 23, 1982:

This is an appeal from an order of the Court of Common Pleas of Philadelphia County which affirmed, without the taking of additional evidence, the granting of certain variances by the Philadelphia Zoning Board of Adjustment (Board). For the reasons which follow, we will reverse.

In April of 1979, the Nazareth Baptist Church (Church) applied for, and was denied, a permit to erect a 614 seat church on a parcel of land...

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