Opinion

Silver v. Zoning Board of Adjustment

  • 435 Pa. 99
  • 255 A.2d 506
  • 1969 Pa. LEXIS 699
Court
Supreme Court of Pennsylvania
Filed
Jun 27, 1969
Status
Published
Author
Cohen
On the bench
Jones, Jonhs, Cohen, Eagen, O'Brien, Roberts, Pomeroy, Bell
Cited by
74 cases

holding that the expansion of a nonconforming use cannot be permitted where it is detrimental to the health, safety and welfare of the public

How later courts described this case

  • holding that the expansion of a nonconforming use cannot be permitted where it is detrimental to the health, safety and welfare of the public
  • invalidating as unconstitutional a zoning provision which prohibited any increase in the number of dwelling units in an apartment building lawfully nonconforming as to use
  • invalidating as unconstitutional a zoning provision that prohibited any increase in the number of dwelling units in an apartment building that was lawfully nonconforming as to use
  • invalidating as unconstitutional a zoning provision which prohibited any increase in the number of dwelling units *539 in an apartment building lawfully nonconforming as to use

Written by the judges who cited it.

The opinion

Dissenting Opinion by

Mr. Justice Cohen:

I do not consider an increase in the number of apartments in a non-conforming apartment house to be a natural expansion. Nor do I feel that the zoning ordinance which provides that a non-conforming multiple dwelling shall be limited to the specific number of dwelling units presently contained therein is unconstitutional as applied to this or any other property. The ordinance restricting the aggravation of a non-conforming use is enacted to protect the health, moral safety and general welfare of the neighborhood. These objectives are adversely affected by the majority’s determination.

Mr. Justice Pomeroy joins in this dissenting opinion.

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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