Pa. Appeals Court OKs South Philly Shopping Center

Law360, Philadelphia (September 14, 2012, 3:06 PM EDT) -- A Pennsylvania appeals court gave the green light to a proposed South Philadelphia shopping center Thursday, ruling that the site of the project, which had been zoned industrial, qualified for a commercial variance because of the owner’s difficulty in putting the building to industrial use.

In a split decision, the Pennsylvania Commonwealth Court upheld a ruling by the Philadelphia Zoning Board of Adjustment that Dung Phat, the owner of a vacant one-block industrial facility in South Philadelphia, had sufficiently proven that the site’s industrial zoning effectively...
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