Opinion
October 5, 1937.
November 12, 1937.
Appeals — Review — Order dismissing appeal from decision of Zoning Board of Adjustment — Zoning ordinance — Occupancy for school purposes — Evidence.
An order dismissing an appeal from a decision of the Board of Adjustment of a city sustaining the refusal to issue a permit to petitioner to occupy certain premises for the purposes of a school, was affirmed on appeal, where the record clearly showed that the premises were to be used for other purposes in addition to school purposes, and therefore the applicant did not bring itself within those classes of institutions which were excepted from the prohibitions of the zoning ordinance.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 189, March T., 1937, by S. L. Fuss, Trustee, from order of C. P. Allegheny Co., April T., 1937, No. 1212, in re Appeal of Jewish National Folk School from Decision of Board of Adjustment of the City of Pittsburgh. Order affirmed.
Appeal from decision of board of adjustment.
Appeal dismissed and decision of board affirmed, opinion by DITHRICH, J. Applicant for permit appealed. Error assigned was order dismissing appeal.
James H. Duff, of Duff, Scott Smith, for appellant.
Harry C. Beschel, Assistant City Solicitor, with him John J. Kennedy, City Solicitor, for appellee.
Maurice Chaitkin, with him Richard W. Ahlers, for intervenors, appellees.
Argued October 5, 1937.
The learned court below, after hearing, dismissed an appeal from the decision of the Board of Adjustment of the City of Pittsburgh sustaining the refusal of the Superintendent of the Bureau of Building Inspection to issue an Occupancy Permit to the Jewish National Folk School, an unincorporated association, to occupy certain premises for the purposes of a school.
The record clearly shows that the applicant desired to use the premises for other purposes in addition to what were described in the record as school purposes, and therefore the applicant did not bring itself within those classes of institutions which are excepted from the prohibitions of the Zoning Ordinance.
Under the circumstances we must affirm the order. Costs to be paid by the appellant.