Turchi v. Philadelphia Board of License and Inspection Review

John and Mary Turchi (plaintiffs) filed suit in trial court to appeal a decision by the Philadelphia Board of License and Inspection Review (Board) (defendant) that reversed the Philadelphia Historical Commission’s (Commission) approval of a permit for renovation of the Turchis’ historically designated property known as the Dilworth House. The Turchis sought to renovate and preserve the main portion of the Dilworth House while also removing and replacing side and rear wings with a 16-story condominium complex. In compliance with the Historic Preservation Ordinance (HPO), the Turchis applied for a permit from the Commission, and the Commission approved the permit with the findings that the project was an alteration rather than a demolition in significant part and that the renovations were appropriate under the HPO. Two civic organizations in opposition to the Turchis’ project appealed to the Board for review of the Commission’s decision. The HPO expressly granted the Commission the authority to make historic designations and oversee permit applications, and it designated the Board, which oversaw appeals of licenses and permits off all kinds, to conduct adjudicative review of the Commission’s issuance or denial of HPO-related permits. The Board reversed the Commission’s interpretation of the definitions of “demolition in significant part” and “appropriate” and denied the Turchis’ permit. The Turchis appealed to the trial court, and the trial court affirmed the Board. The Turchis appealed.