Philadelphia v. Budney

Opinion by

Mr. Justice Cohen,

This is an action in equity brought by the City of Philadelphia (city) to enjoin the Budneys, appellants, from violating the city’s zoning ordinance and from maintaining a nuisance. The alleged nuisance is a junkyard located at 4337-39 Bermuda Street in a “D” Residential District. Prior to this action, appellant was refused permission by the board of adjustment to operate this junkyard. From this determination, Budney took an appeal to Court of Common Pleas No. 2 of Philadelphia County, contending that he was entitled to either a variance or a permit for a…