# Silver v. Zoning Board of Adjustment

> Supreme Court of Pennsylvania · June 27, 1969 · 435 Pa. 99

URL: https://www.frixlaw.com/law-library/cases/9749556

## Case

- **Full name:** Silver, Appellant, v. Zoning Board of Adjustment
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 27, 1969
- **Citations:** 435 Pa. 99; 255 A.2d 506; 1969 Pa. LEXIS 699
- **Precedential status:** Published
- **Opinion:** Dissent by Cohen
- **Judges:** Jones, Jonhs, Cohen, Eagen, O'Brien, Roberts, Pomeroy, Bell
- **Cited by:** 74 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/9749556

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9749556. Public record. Not legal advice.