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PAPPAS v. ZONING BD. OF ADJUSTMENT

527 Pa. 149 (1991)

589 A.2d 675

Christos PAPPAS, Appellant, v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PHILADELPHIA, Appellee, Spring Garden Civic Association, Intervenor.

Supreme Court of Pennsylvania.

Decided April 10, 1991.

Attorney(s) appearing for the Case

Malcolm W. Berkowitz, Philadelphia, for appellant.

Marjorie Stern Jacobs, Philadelphia, Divisional Deputy City Solicitor, for Zoning Bd. of Adjustment for the City of Philadelphia.

Stanley R. Krakower, Philadelphia, for intervenor — Spring Garden Civic Ass'n.

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

OPINION OF THE COURT

LARSEN, Justice.

The issue presented in this case is whether, according to Pennsylvania zoning law, the change in the use of property, to which a lawful nonconforming use has attached, from a sandwich shop/restaurant to a full service pizza restaurant constitutes the expansion of the nonconforming use rather than the abandonment of the nonconforming use for a new and different use.

Appellant...

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