Legal Opinion

German v. Zoning Board of Adjustment

Commonwealth Court of Pennsylvania

Decided April 9, 2012No. 1447 C.D. 2010PublishedCited by 23 opinions

1Opinion of the Court

OPINION BY

Judge BROBSON.

Appellant Carl N. German (Objector) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court), affirming an order of the Philadelphia Zoning Board of Adjustment (Board). The Board’s order granted, in part, a petition filed by Mixto, Inc. (Mixto), a restaurant and bar, seeking permission to extend its business hours to 2:00 a.m. every day. We reverse the trial court.

Mixto is located at 1141^3 Pine Street in Philadelphia. In April 2001, the Board granted a variance, enabling the owner of the property, Jorgi Mosquera (Owner), to construct a…

2Cases cited4 opinions

  1. Ford v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1992
  2. In re U. S. Aluminum Corp.Commonwealth Court of Pennsylvania · 1989
  3. Amoco Oil Co. v. Zoning Hearing Board of Middletown TownshipCommonwealth Court of Pennsylvania · 1983
  4. Saber v. Zhb, B. of Roaring SpringCommonwealth Court of Pennsylvania · 1987

3Cited by23 opinions

  1. South of South Street Neighborhood Ass'n v. Philadelphia Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 2012
  2. Driscoll v. Zoning Bd. of Adjustment of Phila.Commonwealth Court of Pennsylvania · 2018
  3. South Broad St. Neighborhood Assoc. v. ZB of Adjustment & City of Philadelphia ~ Appeal of: Great Real Estate, LLCCommonwealth Court of Pennsylvania · 2019
  4. In Re: Appeal of Chestnut Hill Community AssociationCommonwealth Court of Pennsylvania · 2017
  5. SBA Towers IX, LLC v. Unity Twp. ZHB -- Appeal of: Bellincin, McIntosh, Sobota and SchmauchCommonwealth Court of Pennsylvania · 2018

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