Nemtol Apartments, Inc. v. City of Philadelphia

Flood, J.,

This is a petition for a declaratory judgment in which plaintiff seeks a ruling that a period of limitations has been tolled. Plaintiff owns a 38-unit apartment house built in 1925 *352on Wynnefield Avenue between Fifty-second and Fifty-third Streets, an area designated by the Zoning Ordinance of August 10, 1933, as A residential. This building, which was accordingly a nonconforming use, was almost completely destroyed by fire on April 1, 1950. Plaintiff has a right to rebuild, under section 4(5) of the above ordinance, if construction is commenced within three years of the date of the…