Philadelphia v. Bartell

Opinion by Keller, P. J.,

We are in full sympathy with the object of the City of Philadelphia in bringing this proceeding, and regret that we are obliged to set aside the decree and remit the City to some other remedy.

We assume for the purposes of this appeal that the defendant appellant, between January 11, 1937 and February 1, 1937, flagrantly violated provisions of the Building Code for Cities of the First Class, approved May 1,1929, P. L. 1063, with special reference to section 4302, relating to building over area ways; and also violated certain provisions of the Philadelphia Zoning…