Legal Opinion

Benoff v. Zoning Board of Adjustment

Commonwealth Court of Pennsylvania

Decided July 22, 1987No. Appeal, 3075 C.D. 1985PublishedCited by 9 opinions

1Opinion of the Court

Opinion by

Judge Palladino,

Edward Benolf (Appellant) appeals an order of the Court of Common Pleas of Philadelphia (trial court) denying his petition to vacate the decision of the Zoning Board of Adjustment (ZBA), hold the ZBA in contempt, and hold a de novo hearing for failure of the ZBA to comply with the trial court’s order. We dismiss this appeal as moot.

In 1980 Appellant was informed that because he was parking a boat in his driveway and the boat extended closer than 15 feet from the street he was in violation of the Philadelphia Zoning Code use and set back requirements. Appellant…

2Cases cited4 opinions

  1. Baker Nursing Home, Inc. AppealCommonwealth Court of Pennsylvania · 1977
  2. Chester Upland School District v. Chester Upland Education Ass'nCommonwealth Court of Pennsylvania · 1982
  3. A Condemnation Proceeding in Rem by Redevelopment AuthorityCommonwealth Court of Pennsylvania · 1979
  4. Benoff v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1984

3Cited by9 opinions

  1. Strax v. CommonwealthCommonwealth Court of Pennsylvania · 1991
  2. McMillian v. Pennsylvania Board of Probation & ParoleCommonwealth Court of Pennsylvania · 2003
  3. Cty. Council of Erie v. Cty. ExecutiveCommonwealth Court of Pennsylvania · 1991
  4. Suehr v. State Ethics CommissionCommonwealth Court of Pennsylvania · 1994
  5. Wilkes-Barre Area Vocational School v. Greater Nanticoke Area School DistrictCommonwealth Court of Pennsylvania · 1988

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