# Armstead v. Zoning Board of Adjustment

> Commonwealth Court of Pennsylvania · April 23, 2015 · 115 A.3d 390

URL: https://www.frixlaw.com/law-library/cases/4969666

## Case

- **Full name:** William ARMSTEAD and Tully J. Speaker and Barbara Krassenstein and Gail Ober and Annyah Hasler and Roger Hasler and Bernard Bondi and Roseanne Stagno Adams and Jovida Hill and Scenic Philadelphia v. ZONING BOARD OF ADJUSTMENT OF the CITY OF PHILADELPHIA and City of Philadelphia and Franklin Institute
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** April 23, 2015
- **Citations:** 115 A.3d 390; 2015 Pa. Commw. LEXIS 178
- **Precedential status:** Published
- **Opinion:** Dissent by Leadbetter
- **Judges:** Brobson, Covey, Jubelirer, Leadbetter, Leavitt, Pellegrini, Simpson
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4969666

## Opinion text

DISSENTING OPINION BY
Judge BONNIE BRIGANCE LEADBETTER.
The Benjamin Franklin Parkway is no ordinary street. It is an artistic monument like the cultural institutions that line it, enjoyed not only by Philadelphians, but by visitors from all over the world. For this reason, and for the reasons stated in President Judge Pellegrini’s thoughtful concurring opinion, I would allow standing to citizens of the City, not because they are taxpayers, but because they are the intended beneficiaries of this beautiful civic treasure and they would truly be aggrieved if it were to be spoiled. There is no doubt that the well-reasoned majority has accurately applied the existing law. Nonetheless, I would carve out an exception for this unique property, and so must respectfully dissent.
Judge P. KEVIN BROBSON joins in this dissenting opinion.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4969666. Public record. Not legal advice.