Estate of Merriam v. Philadelphia Historical Commission

McGINLEY, Judge.

The Estate of John W. Merriam, Mrs. Elizabeth C.L. Merriam, Executrix (Estate) appeals from the order of the Court of Common Pleas of Philadelphia County (common pleas court) quashing as premature the Estate’s appeal from the designation by the Philadelphia Historical Commission (Commission) of the glass mosaic “Dream Garden” (Dream Garden) as an historic object.

At issue is whether the appeal procedure set forth in the Philadelphia Home Rule Charter (Charter), § 5-1005, requires an appeal first be taken to the Board of License and Inspection Review (Board) 1 when the…