UDYLITE CORP. v. PHILA. ZONING BD. OF ADJ., 394 Pa. 645 (1959)

148 A.2d 916

Udylite Corporation, Appellant, v. Philadelphia Zoning Board of Adjustment.

Supreme Court of Pennsylvania.Argued January 5, 1959.
March 16, 1959.

Municipalities — Zoning — Non-conforming use — Change — Variance.

In this zoning case, in which it appeared that a non-conforming use of the property was permissible, that the tenant had used it for a different and prohibited non-conforming use for a period of five years and had then applied for a variance to permit such

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use, which application was refused by the zoning board of adjustment; and that action was sustained by the court below upon the ground that no unnecessary hardship had been established and that the zoning board of adjustment had not abused its discretion or committed any positive error of law, it was Held that the order dismissing the appeal should be affirmed.

Before JONES, C. J., MUSMANNO, JONES, COHEN and McBRIDE, JJ.

Appeals Nos. 358 and 359, Jan. T., 1958, from order of Court of Common Pleas No. 2 of Philadelphia County, June T., 1957, No. 5670, in case of Udylite Corporation et al. v. Philadelphia Zoning Board of Adjustment. Order affirmed.

Same case in court below: 16 Pa. D. C.2d 346.

Proceedings on appeal by property owner from decision of zoning Board of adjustment refusing to grant a variance.

Order entered dismissing appeal, opinion by SPORKIN, J. Plaintiff and intervening plaintiff appealed.

D. Arthur Magaziner, with him Milton A. Feldman, an Sterling, Magaziner, Stern Levy, for appellants.

James L. Stern, Deputy City Solicitor, with him Gordon Cavanaugh, Assistant City Solicitor, and David Berger, City Solicitor, for appellee.

OPINION PER CURIAM, March 16, 1959:

The judgment in the above captioned case is affirmed on the opinion of Judge SPORKIN of Court of Common Pleas No. 2 of Philadelphia County.

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