Opinion

Metal Green v. Phila, of: Metal Green

Court
Supreme Court of Pennsylvania
Filed
Mar 1, 2021
Status
Published
Cited by
0 cases

The opinion

IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

METAL GREEN INC.AND NOA : No. 307 EAL 2020

PROPERTIES INC. :

:

: Petition for Allowance of Appeal from

v. : the Order of the Commonwealth

: Court

:

CITY OF PHILADELPHIA AND CITY OF :

PHILADELPHIA ZONING BOARD OF :

ADJUSTMENT AND WICKHAM KRAEMER :

III AND MARY KRAEMER, HUSBAND AND :

WIFE :

:

:

PETITION OF: METAL GREEN INC. :

ORDER

PER CURIAM

AND NOW, this 1st day of March, 2021, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by Petitioner, are:

(1) Did the Commonwealth Court commit an error of law by relying upon an

improper standard for the minimum variance that will afford relief test (“possibility”)

as applied to a use variance (conversion to apartments compatible with

surrounding uses) for a more than 90 year old non-conforming industrial garage

structure judicially determined to be blighted and abandoned under Act 135

(Abandoned and Blighted Conservatorship Act) where the reversal of the use

variance threatens its transformation into a productive reuse serving to modernize

and revitalize the surrounding neighborhood?

(2) Did the Commonwealth Court misapply the applicable standard of review where

it abused its discretion in conducting a substantial evidence analysis based on an

erroneous standard of “possibility” for the minimum variance that will afford relief

test thereby refusing to apply a capricious disregard of evidence analysis where

the Zoning Board did not make actual credibility determinations, declined to credit

and or weigh unrebutted expert witness testimony and where it relied on

speculative, subjective non-expert testimony from objectors?

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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