Opinion
No. 126 EAL 2017
07-06-2017
Anthony M. RUFO and TR Getz, LP v. BOARD OF LICENSE AND INSPECTION REVIEW and City of Philadelphia Petition of: the City of Philadelphia
ORDER
PER CURIAM.
AND NOW, this 6th day of July, 2017, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by Petitioner, are:
a. Did the Commonwealth Court rewrite decades of caselaw in expressly placing the burden on the municipality to produce evidence of the rational basis for a land use Ordinance, rather than placing the burden of proof where it belongs, on the party challenging the Ordinance?
b. Did the Commonwealth Court, in invalidating an anti-blight, property maintenance Ordinance on the ground that aesthetics cannot form the basis for land use legislation, improperly undermine the ability of municipal government to combat urban blight and improperly substitute its own views for those of the legislature as to the efficacy of municipal legislation?