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BRIGHTON ENT., INC. v. CITY OF PHILA.

No. 780 C.D. 1985.

95 Pa.Commw. 409 (1986)

505 A.2d 1084

Brighton Enterprises, Inc., Appellant v. City of Philadelphia and Zoning Board of Adjustment, Appellees.

Commonwealth Court of Pennsylvania.

March 5, 1986.

Attorney(s) appearing for the Case

Norman A. Oshtry, for appellant.

Joy J. Bernstein, Assistant City Solicitor, for appellees.

Argued February 3, 1986, before Judges CRAIG and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 5, 1986:

Brighton Enterprises, Inc. appeals from an order of the Court of Common Pleas of Philadelphia County which affirmed the Zoning Board of Adjustment of the City of Philadelphia, denying Brighton's request for a variance. We reverse and remand.

On March 4, 1981, city council amended the Philadelphia Zoning Code to include amusement arcades as a regulated use.1 On January 19, 1984, Brighton, a...

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