Metal Green Inc., Aplt. v. City of Phila, et al. (concurring/dissenting)

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[J-57-2021] [OAJC:Todd, J.] IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT METAL GREEN INC. AND NOA PROPERTIES INC. v. CITY OF PHILADELPHIA AND CITY OF PHILADELPHIA ZONING BOARD OF ADJUSTMENT AND WICKHAM KRAEMER III AND MARY KRAEMER, HUSBAND AND WIFE APPEAL OF: METAL GREEN INC. : : : : : : : : : : : : : : : No. 9 EAP 2021 Appeal from the Order of Commonwealth Court entered on July 28, 2020 at No. 373 CD 2019 reversing the order entered on February 26, 2019 (dated February 25, 2019) in the Court of Common Pleas, Philadelphia County, Civil Division at No. 0180102735. ARGUED: September 22, 2021 CONCURRING AND DISSENTING OPINION JUSTICE MUNDY DECIDED: December 22, 2021 I agree with Justice Wecht in his dissenting opinion, that Act 135 blighted status is an appropriate factor to consider in tandem with the minimum variance factor Philadelphia’s Zoning Ordinance prescribes for determining whether a Zoning Board may grant a variance. As such, I join this aspect of his Dissenting Opinion. However, given the record in this matter, I would defer to the Opinion Announcing the Judgment of the Court in its ultimate disposition to remand. Accordingly, I concur in the Opinion Announcing the Judgment of the Court’s result. Justice Dougherty joins this concurring and dissenting opinion.

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