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COM., DEPT. OF GEN. SERV. v. OGONTZ AREA

505 Pa. 614 (1984)

483 A.2d 448

COMMONWEALTH of Pennsylvania, DEPARTMENT OF GENERAL SERVICES, Appellee in Nos. 114, 115, and 116 v. OGONTZ AREA NEIGHBORS ASSOCIATION, Appellant in No. 114 and The City of Philadelphia, Appellant in No. 115 and Zoning Board of Adjustment of the City of Philadelphia, Appellant in No. 116.

Supreme Court of Pennsylvania.

Decided October 19, 1984.

Attorney(s) appearing for the Case

Jonathan Corchnoy, Springfield, for appellant in No. 114.

Mark A. Aronchick, Barbara R. Axelrod, Philadelphia, for appellant in Nos. 115 and 116.

Henry J. Costa, Jr., Harrisburg, for Dept. of General Services in Nos. 114, 115 and 116.

P. Alan Zulick, Norristown, Mark A. Aronchick, Barbara R. Axelrod, Philadelphia, for appellee in No. 114.

Jonathan Corchnoy, Springfield, for appellee in Nos. 115 and 116.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA, and PAPADAKOS, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This case involves primarily the question of whether the Zoning Board of Adjustment of the City of Philadelphia (the Board) has the power to enforce its regulations as to use and structural requirements for buildings against the Department of General Services, an agency of the Commonwealth.

The case arose when the Commonwealth, on January 31, 1979, applied to the Department...

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