# Filanowski v. Zoning Board of Adjustment

> Supreme Court of Pennsylvania · July 2, 1970 · 439 Pa. 360

URL: https://www.frixlaw.com/law-library/cases/9731844

## Case

- **Full name:** Filanowski Et Al., Appellants, v. Zoning Board of Adjustment
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 2, 1970
- **Citations:** 439 Pa. 360; 266 A.2d 670; 1970 Pa. LEXIS 704
- **Precedential status:** Published
- **Opinion:** Dissent by Cohen
- **Judges:** Bell, Jones, Cohen, Eagen, O'Brien, Roberts, Pomeroy
- **Cited by:** 39 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/9731844

## Opinion text

*364 Dissenting Opinion by
Me. Justice Cohen:
Eon-Jeff Corp., intervening appellee, acquired three separate parcels each with its own zoning. On a previous variance application the Court of Common Pleas of Philadelphia County determined that any change in zoning lies not with the courts but with City Council. Since that time, City Council did change other surrounding land but did not change the zoning of the intervenor’s land.
I cannot see how the failure of City Council to change appellee’s land generates a proper condition for the grant of a variance. Here again the power of zoning reserved to the legislative body is exercised by the courts in violation of law. I would reverse.
I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9731844. Public record. Not legal advice.