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SCHUBACH ET AL. v. ZONING BOARD ADJUSTMENT (07/02/73)

decided: July 2, 1973.

SCHUBACH ET AL., APPELLANTS,
v.
ZONING BOARD OF ADJUSTMENT



Appeal from report in proceeding subsequent to appeal from the final decree of the Court of Common Pleas, Trial Division, of Philadelphia, July T., 1968, No. 1400, in case of Fred Schubach and Florence Schubach; Raymond Hrubovak and Doris Hrubovak et al. v. Zoning Board of Adjustment and Pine Hill Home, Inc.

COUNSEL

J. Leon Rabben, for appellants.

Irvin Stander, with him Martin Weinberg, and John Mattioni, for appellees.

Barbara S. Gilbert, for Pine Hill Home, Inc.

Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 458 Pa. Page 632]

And now, to wit, this 2nd day of July, 1973, upon review of the Findings of Fact, and Conclusions and Recommendations filed with this Court on April 16, 1973, by the Honorable Harry M. Montgomery, specially assigned to the Court of Common Pleas, Trial

[ 458 Pa. Page 633]

Division -- Law, of Philadelphia, by our Order of September 7, 1972, in the case of:

Fred Schubach and Florence Schubach; Raymond Hrubovak and Doris Hrubovak; I. Paul Musser and Eleanora Musser; Dr. Leon S. Caplan and Rosemarie E. Caplan; John E. Stier and Virginia Stier v. Zoning Board of Adjustment (Philadelphia). Appeal of: Fred Schubach and Florence Schubach. Court of Common Pleas, Trial Division -- Law, County of Philadelphia. No. 1400 July Term, 1968, Supreme Court of Pennsylvania, No. 356 January Term, 1969, and upon review of the exceptions filed thereto on May 3, 1973, by appellants, Fred Schubach, et al., it is hereby ordered that:

1. Finding of Fact No. 13 is modified to read:

"13. Pine Hill, through Pine Hill Rehabilitation Center, Inc., after having secured a new occupancy permit from the City of Philadelphia and a license for the operation of a nursing home from the Department of Welfare of the Commonwealth of Pennsylvania commenced operating the Home about April 1, 1972, and has ...


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