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8131 Roosevelt Corp. v. Zoning Board of Adjustment of the City of Philadelphia

Cabaret's prior zoning variance nullified status as pre-existing non-conforming use, and thus zoning board did not err in refusing to consider such status before denying application for use of property as go-go bar.

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Argued: November 5, 2001

OPINION

In this case 8131 Roosevelt Corporation t/a “Pinups” (Pinups) appeals from an order of the Court of Common Pleas of Philadelphia County that affirmed the order of the Zoning Board of Adjustment of the City of Philadelphia (Zoning Board) denying Pinups’ application for the legalization of the adult cabaret and go-go style dancing use of its property. Pinups questions whether the cabaret is a constitutionally protected non-conforming use; whether the doctrines of res judicata or collateral estoppel require the grant of a variance; and whether Pinups was entitled to a variance by estoppel. It also questions whether laches bars the City of Philadelphia from denying permission to continue the use; whether a de novo hearing before the trial court was warranted; and whether the Zoning Board’s decision to close the cabaret was supported by substantial evidence. The Zoning Board and the City dispute all of Pinups’ arguments and, with Intervenor Councilwoman Joan L. Krajewski, contend that Pinups waived several of the theories that it now asserts by failing to raise them before the Zoning Board or by failing to appeal in 1996.

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