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SCHMIDT v. PHILADELPHIA ZONING BOARD ADJUSTMENT. (06/27/55)

June 27, 1955

SCHMIDT, APPELLANT,
v.
PHILADELPHIA ZONING BOARD OF ADJUSTMENT.



Appeal, No. 135, Jan. T., 1955, from order of Court of Common Pleas No. 2 of Philadelphia County, June T., 1954, No. 950, in case of John G. Schmidt et al. v. Philadelphia Zoning Board of Adjustment and American Meter Company. Order affirmed.

COUNSEL

Thomas A. Matthews, for appellant.

Matthew W. Bullock, Jr., Assistant City Solicitor, with him Herbert M. Linsenberg, Assistant City Solicitor, and Abraham L. Freedman, City Solicitor, for appellee.

Francis H. Scheetz, with him J. B. H. Carter, and Paper, Bodine, Frick, Scheetz & Hamilton, for intervenor, appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey and Arnold, JJ.

Author: Jones

[ 382 Pa. Page 523]

OPINION BY MR. JUSTICE JONES, June 27, 1955:

The court below dismissed an objecting property owner's appeal from an order of the Zoning Board of Adjustment of Philadelphia sustaining the issuance by the City's administrative zoning officer of a use registration permit to the applicant (and present intervenor) for the construction of an office and factory on property in the Somerton section of the 35th Ward of the City. The objecting property owner has appealed.

The sole question involved is whether the City's amendatory zoning ordinance of 1952, which reclassified the property in question as available for industrial uses, constituted "spot-zoning" and was, therefore, invalid as an unconstitutional exercise of the City's police power.

The subject property is owned by the American Meter Company and consists of a substantially rectangular tract of unimproved land of 7 1/2 acres abutting, on its north side, on Philmont Avenue which, in general, runs east and west. For present convenience, the property may be described as follows: Beginning at a point on Philmont Avenue some 859 feet west from the southwest corner of Philmont and Bustleton Avenues, thence west along Philmont Avenue for a distance of approximately 877 feet and having a depth of some 385 feet between Philmont Avenue and the right of way of the New York division of the Reading Railroad on the south.

On the eastern side of this property there is another tract of 4 1/2 acres of unimproved land (also owned by the American Meter Company) which is bounded on the north by Philmont Avenue, on the east by Bustleton

[ 382 Pa. Page 524]

Avenue and on the south by the right of way of the Reading Railroad. Opposite both of these properties, i.e., across the railroad, there is a still larger tract of unimproved land which is bounded on the north by the railroad's right of way, on the east by the village of Bustleton, on the ...


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