Fagan v. Zoning Board of Adjustment

Opinion by

Mr. Justice Arnold,

This appeal involves the narrow issue as to whether the court below erred in affirming the action of the Philadelphia Zoning Board of Adjustment refusing appellants’ application for a variance.

The case comes before us on the broadest form of certiorari, since the Enabling Act of May 6, 1929, P.L. 1551, 53 PS §3822 et seq. is silent regarding appeals. As stated in Garner v. Zoning Board of Adjustment, 388 Pa. 98, 130 A. 2d 148, at page 100, our scope of review is to determine . . if the evidence sustains the findings of the court below, or if there is a manifest…