Case law

Fleishon v. Zoning Board of Adjustment

2 Pa. D. & C.2d 45 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 27, 1954

It is obvious that the legislature, in creating the zoning board and in giving the board such power, meant the power to be exercised. … Moreover, she argues that the zoning board must determine what constitutes “adequate access”. Again, the board dismissed this argument by simply stating a legal conclusion.

Hamm v. Philadelphia Board of Education

3 Pa. D. & C.3d 323 · Pennsylvania Court of Common Pleas, Philadelphia County · Nov 10, 1977

In Massachusetts Board of Retirement v. Murgia, 427 U.S. 307 , 96 S. … In Frantz v. Baldwin-Whitehall School District, 8 Pa.

Goldsand v. Zoning Board of Adjustment

28 Pa. D. & C.2d 223 · Pennsylvania Court of Common Pleas, Philadelphia County · Jul 17, 1962

allowable where facts and conditions detailed in the ordinance as those upon which an exception is permitted exist: Appeal of Catholic Cemeteries Association of the Diocese of Pittsburgh, 379 Pa. 516 , 109 A. 2d 537 ; Lukens v. … In Gibson v. Zoning Board of Adjustment, 13 D. & C. 2d 203, 44 Del.

Tenox Corp. v. Tax Review Board

24 Pa. D. & C.2d 426 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 20, 1961

Brown, Jr., P. J., This is an appeal from a decision of the Tax Review Board of the City of Philadelphia. … Reliance is placed by appellant on Girard Trust Co. v.

Seitchik v. Zoning Board of Adjustment

13 Pa. D. & C.2d 43 · Pennsylvania Court of Common Pleas, Philadelphia County · Jul 10, 1957

This language alone appears to support appellant’s position; but Darling v. Zoning Board of Adjustment of Philadelphia, 357 Pa. 428 , is to the contrary. … The board erred as a matter of law in failing to find unnecessary hardship. Pincus v. Zoning Board of Adjustment, 376 Pa. 175 , relied upon by the board is inapposite.

Shore v. Zoning Board of Adjustment

3 Pa. D. & C.2d 14 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 19, 1955

The zoning board of adjustment should have recognized the right of petitioner to expand the nonconforming use of her building. … The order of the zoning board is accordingly reversed. No variance under the Housing and Sanitation Act is required for the reasons aforementioned.

Anastasi v. Workmen's Compensation Appeal Board

30 Pa. D. & C.3d 525 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 11, 1984

In Scott v. C. E. … See, Frontiero v. Richardson, 411 U.S. 677 (1973); Moyer v. Phillips, 462 Pa. 395 , 341 A.2d 441 (1975).

Warrick v. Zoning Board of Adjustment

77 Pa. D. & C. 396 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 19, 1951

Then if the court acts upon the motion by dismissing it, it would bar a second suit: Fleming v. Insurance Company of Pennsylvania, 6 Pa. L. J. 373; Fine v. Soifer, 288 Pa. 164, 173 . … Reinecker did not conclude appellant’s rights since the board entertained the second appeal and decided it on its merits.” In Triolo et al. v.

Lycoming House v. Board of Revision

64 Pa. D. & C. 42 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 14, 1948

Justice Mitchell in Contributors to Pennsylvania Hospital v. … Hospital, 154 Pa. 9 ; House of Refuge v. Smith, 140 Pa. 387 .” See also County of Lancaster v. Y.W.C.A., 92 Pa. Superior Ct. 514 ; United Presbyterian Women’s Association of North America v.

Chappelle v. Pennsylvania Labor Relations Board

11 Pa. D. & C.3d 758 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 31, 1979

It is obvious that these payments, in the language of Justice Jones, in Schade v. … See also Beth Jacobs Schools of Philadelphia v. Labor Relations Board, 8 Pa. Commonwealth Ct. 343, 348 , 301 A. 2d 715 (1973).

Hamm v. Philadelphia Board of Education

9 Pa. D. & C.3d 388 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 31, 1979

Gault v. Garrison, 569 F. 2d 993 (7th Cir. 1977), and Palmer v. … See e.g., Keyes v. School District, No. 1, Denver, Colo., 413 U.S. 189, 207-08 (1973). See also Resident Advisory Board v. Rizzo, 425 F. Supp. 987 (E.D. Pa. 1976), and Zichy v. City of Phila., 392 F. Supp. 338 (E.D.

Heller v. Zoning Board of Adjustment

49 Pa. D. & C.2d 157 · Pennsylvania Court of Common Pleas, Philadelphia County · May 28, 1970

The decision of the zoning board of adjustment is affirmed. … Bender v. Zoning Board of Adjustment, 4 D. & C. 2d 359, 360 (C. P. Phila., 1955).

Gallagher v. Zoning Board of Adjustment

32 Pa. D. & C.2d 669 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 25, 1963

Clair Township Grange Zoning Case, 397 Pa. 67, 72, 73 (1959); Presbyterian Church v. Allison, 10 Pa. 413, 416-17 (1849); Her-Bell, Inc. Liquor License Case, 176 Pa. Superior Ct. 206, 210 (1954); Philadelphia v. … Shapiro v. Zoning Board of Adjustment, 377 Pa. 621 , 105 A. 2d 299 . Black’s Law Dictionary defines the word as ‘an organi *674 zation for religious purposes or for the public worship of God.’

Tax Review Board v. Nestle Co.

26 Pa. D. & C.2d 751 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 11, 1961

Finally, the board held that the Sterling Act of August 5, 1932, P. … The case of Motch & Merryweather Machinery Co. v.

Lombardo v. Zoning Board of Adjustment

56 Pa. D. & C.2d 307 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 26, 1970

It is not necessary or useful at this time to indicate the scope of this evidence, since our decision is not based on abuse of discretion on the part of the board in making its determination of facts (Polizzi v. … Furthermore, in Jacobi v.

White v. Zoning Board of Adjustment

14 Pa. D. & C.2d 76 · Pennsylvania Court of Common Pleas, Philadelphia County · May 2, 1958

See Volpe Appeal, 384 Pa. 374 ; Garbev Zoning Case, 385 Pa. 328 ; Landau Advertising Co. v. Zoning Board of Adjustment, 387 Pa. 552 , and Richman v. Zoning Board, 391 Pa. 254 . … See Richman v.

Faltenbacher v. Zoning Board of Adjustment

12 Pa. D. & C.2d 367 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 13, 1957

Brown, P. J., This is an appeal by Harry J. … Reliance was placed by the zoning board of adjustment in arriving at its decision upon Darling v. Zoning Board of Adjustment, 357 Pa. 428 .

Jerrahian v. Zoning Board of Adjustment

10 Pa. D. & C.2d 494 · Pennsylvania Court of Common Pleas, Philadelphia County · Jul 8, 1957

Brown, P. … Molnar v. George B. Henne & Co., Inc., 377 Pa. 571, 579, 580 .

Hewlett v. Zoning Board of Adjustment

8 Pa. D. & C.2d 75 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 26, 1956

L. 1898, 63 PS §479.1, et seq., refers to funeral directing as a “profession” in various portions of the act, and upon the case of Paxtang Board of Adjustment v. … See also Howarth v. Gilman, 365 Pa. 50, 56-57 .

Nasuti v. Zoning Board of Adjustment

1 Pa. D. & C.2d 750 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 20, 1954

of fact as found by both the board and the common pleas court. … The same holds true for similar language *752 on pages 657-58 of Gish v. Exley, 153, Pa. Superior Ct. 653 (1943).