Esterhai v. Zoning Board of Adjustment

Opinion by

Judge Barbieri,

This zoning case is before us by transfer order of the Supreme Court entered on September 14, 1970 pursuant to the authorization in Section 507 of the Appellate Court Jurisdiction Act of 1970. Act of July 31, 1970, P. L. (Act No. 223 — 1970), effective September 11, 1970.

The appeal is from an order by the Philadelphia Common Pleas Court which purports to affirm the grant of a variance by the Zoning Board of Adjustment *363of Philadelphia, but also remands the matter with instructions to “take testimony in accordance with the tenor of this opinion so that the quiet…