A. BLUMBERG SON, INC. v. ZONING BOARD OF ADJ., 416 Pa. 557 (1965)

207 A.2d 590

A. Blumberg Son, Inc. v. Zoning Board of Adjustment (et al., Appellant).

Supreme Court of Pennsylvania.January 12, 1965.
March 16, 1965.

Appeals — Review — Zoning case.

In this appeal in which it appeared that the court below affirmed an order of the zoning board of adjustment permitting the use of premises for a junk yard and the appellant contended (1)(a) that such a use should not be and (b) was not allowed, and (2) the permitted use was too large, it was Held that the contentions were without merit.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Page 558

Appeal, No. 341, Jan. T., 1964, from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1961, No. 3821, in case of A. Blumberg Son, Inc. v. Zoning Board of Adjustment and William A. James. Order affirmed.

Appeal by property owner from decision of zoning board of adjustment. Before ALEXANDER, J.

Order entered sustaining appeal and directing that zoning certificate be granted. Protestants appealed.

John J. Poserina, Jr., for intervenor, appellant.

Matthew W. Bullock, Jr., Deputy City Solicitor, with hi Gerald Gornish and Carl K. Zucker, Assistant City Solicitors, and Edward G. Bauer, Jr., City Solicitor, for zoning board, appellee.

Philip Richman, with him Richman Richman, for appellee.

OPINION PER CURIAM, March 16, 1965:

Neighbors were aggrieved by an Order of the Zoning Board of Adjustment which was affirmed by the Court of Common Pleas. This Order granted a permit in 1958 for a junk yard. Appellant contends (1)(a) that such a use should not be and (b) was not allowed, and (2) the permitted use was too large. A petition for leave to appeal this Order was granted under Rule 68-1/2. After consideration and study of the record, we find no merit in any of appellant’s contentions.

Order affirmed.

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