SPTR, Inc. v. City of Philadelphia

OPINION BY

JUDGE WOJCIK

City of Philadelphia (City) appeals from an order of the Court of Common Pleas of Philadelphia County (trial court) granting an emergency petition for preliminary injunction to allow the operation of a pop-up beer garden in a residential district in the City pending disposition of a use permit application. The City argues the trial court erred because the beer garden is a prohibited commercial use in a residential zone. Upon concluding reasonable grounds exist to uphold the preliminary injunction, we affirm.

I. Background

SPTR, Inc., Newbolds Brew, LLC, the American…