Case law

Board of Health v. Jones

1 Miles 28 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 22, 1835

The first section provides for the removal, by the Board of Health, of any nuisance existing upon unoccupied property, where the owner is non resident, or cannot be found by the messenger of the board. … The second section makes the expenses of such removal a lien upon the premises, and directs the board to file the claim therefor against the owner, or reputed owner, and to proceed in this court by scire facias, in like manner

Taddeo v. Zoning Board of Adjustment

3 Pa. D. & C.2d 454 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 7, 1955

This court recently reversed the zoning board of adjustment in the case of Lavelle v. … of Adjustment: Triolo et al. v.

Brown v. Philadelphia National Bank

21 Pa. D. & C.3d 205 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 21, 1981

Davis v. Chubb/Pacific Indemnity Group, 493 F. Supp. 89, 91 (E.D.Pa. 1980). … Plaintiffs’ reliance on Woodyatt v. Bank of Old York Road, 408 Pa. 257 , 182 A. 2d 500 (1962) is misplaced.

Brown v. American Casualty Co. of Reading

34 Pa. D. & C.2d 204 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 29, 1964

See Gulf Insurance Company v. Ball, 324 S. W. 2d 605 (Tex. Civ. … In Koury v. Providence-Washington Ins.

Fleishon v. Zoning Board of Adjustment

6 Pa. D. & C.2d 337 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 20, 1955

Kanefsky v. Dratch Construction Co., 376 Pa. 188, p. 195 (1954). … It may not be used by him for the benefit of other lots, etc., owned by him.’ ” Walker v. Walker, 153 Pa. Superior Ct. 20, p. 27 (1943).

Civera v. Zoning Board of Adjustment

9 Pa. D. & C.3d 39 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 22, 1977

Zoning Board of Adjustment, 404 Pa. 198, 200-1 , 170 A. 2d 553 (1961); Richman v. Zoning Board of Adjustment, 391 Pa. 254, 259-60 , 137 A. 2d 280 (1958). … Magrann v. Zoning Board of Adjustment, supra, at 200-1; Ventresca v. Exley, 358 Pa. 98, 100 , 56 A. 2d 210 (1948). Woodmere has demonstrated that its property meets these tests.

Fleishon v. Zoning Board of Adjustment

14 Pa. D. & C.2d 348 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 7, 1958

However, the owner of the property has the right to decide the use which he desires, subject to law, and the board has no authority to suggest uses: Seitchik v. Philadelphia Zoning Board of Adjustment, 13 D. & C. 2d 43. … The board adequately considered the problem before granting the variances, and we find sufficient evidence in the record to support its action. Moreover, President Judge Oliver observed in Fleishon v.

Brown v. Albert Einstein Medical Center

58 Pa. D. & C.4th 299 · Pennsylvania Court of Common Pleas, Philadelphia County · May 4, 2001

FIELD, J., Plaintiff, Phyllis Brown, appeals from this court’s order of December 13, 2000, denying her motion for post-trial relief. … Brown’s incontinence, the availability of alternate treatments, and Ms.

Lavelle v. Zoning Board of Adjustment

4 Pa. D. & C.2d 361 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 7, 1955

As stated in Kovach v. Board of Adjustment, 37 Del. Co. 6 (1948): “Furthermore, we are of the view that the profession of a beautician is essentially a home occupation similar to that of a dressmaker or milliner. … so desires, such reasonable conditions as the board may deem necessary or appropriate.

Bender v. Zoning Board of Adjustment

4 Pa. D. & C.2d 359 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 22, 1955

She cites Kovach v. Board, 37 Del. Co. 6 (1948); Lavelle v. Board, 4 D. & C. 2d 361, and McCahan et ux. v. Betts et ux., 83 D. & C. 45 (1952). … We believe that the board’s discretion extends to making such interpretations and should be upheld unless clearly capricious.

Farano v. Zoning Board of Adjustment

10 Pa. D. & C.2d 311 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 12, 1957

The board did not consider this a reason for granting a variance not otherwise warranted. With this we agree. … For either the board or the court to allow a variance under such circumstances would, we think, create a dangerous precedent.

Emery v. Zoning Board of Adjustment

71 Pa. D. & C.2d 679 · Pennsylvania Court of Common Pleas, Philadelphia County · May 7, 1975

LEDERER, J., This case is before the court on a motion by the Zoning Board of Adjustment of Philadelphia, respondent, to quash an appeal from a decision of the Zoning Board of Adjustment by George F. Emery, appellant. … ORDER And now, May 7, 1975, the Zoning Board of Adjustment’s motion to quash appeal is hereby denied.

Null v. Zoning Board of Adjustment

10 Pa. D. & C.2d 605 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 3, 1956

No Pennsylvania cases so hold and the holding of Judge Lewis in Bennett v. Zoning Board, C. P. No. 2, Philadelphia County, March term, 1955, no. 624, is to the contrary. … The order of the zoning board of adjustment is reversed and it is directed to issue the zoning permit sought by appellant.

Drake v. Zoning Board of Adjustment

65 Pa. D. & C. 293 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 5, 1948

In the case of Brown et al. v. Drake, C. P. … It seems to us that the board might well have exercised its -discretion differently without substantial harm to anyone.

Corsino v. Zoning Board of Adjustment

73 Pa. D. & C. 500 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 28, 1950

In the appeal, plaintiffs neighbors owning properties on Kimball Street, contended that the final order of the Zoning Board of Adjustment amounted to an abuse of discretion, and cited contrary action of the Board in refusing … this final action of the Zoning Board of Adjustment was an abuse of discretion, we must have before us all of the evidence upon which the action of the Board was founded.

Newberg v. Board of Public Education

26 Pa. D. & C.3d 682 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 28, 1983

Accord: Bowen v. General Motors Corp. AC Spark Plug Division, 542 F. Supp. 94, 100 (N.D. Ohio 1981) aff d 685 F. 2d 160 (6th Cir. 1982); Amos v. Board of School Directors of the City of Milwaukee, 408 F. … Kirchberg v.

L & N Sales Co. v. Little Brown Jug, Inc.

12 Pa. D. & C.2d 469 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 4, 1957

See Hartman v. Green, 17 Somerset 134, where the court, in construing a similar provision, arrived at the same conclusion.

Baumgartner v. Philadelphia Zoning Board of Adjustment

29 Pa. D. & C. 103 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 5, 1937

Such discretion having been vested in the board of adjustment, it follows that the court will not, in the absence of clear, proof of an abuse of such discretion, interfere with the action of the board. … The judgment of the zoning board of adjustment is affirmed and the appeal is dismissed.

Pennsylvania Board of Law Examiners v. Saunders

7 Pa. D. & C.3d 795 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 17, 1978

In Com. v. … As an agency of the Supreme Court of Pennsylvania, the Pennsylvania Board of Law Examiners *797 clearly can be deemed to serve as the Commonwealth of Pennsylvania in this action and is therefore not required to file a bond

Dovberg v. Board of License & Inspection Review

33 Pa. D. & C.2d 137 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 31, 1964

The Department’s refusal was affirmed by the board on October 21, 1963. This appeal is from the board’s action in affirming the refusal to grant the gun permit. … And both counsel rely on the case of Levering v. Dettre, Sheriff, 41D. & C. 716 (1941).