Point Breeze pop-up garden has been shut down a second time

The troubles are continuing for the Point Breeze pop-up garden.


We told you earlier this month about the garden being shut down by the Department of Licenses and Inspections, along with the garden’s reopening a few days following the debacle. Now the garden has been shut down yet again.

The space was closed all this weekend due to this cease and desist order from L&I.

More from Billy Penn:

According to Longacre, L&I tried to bargain with him via email, basically saying: If you file a request for expedited zoning, we’ll let you operate for the next 21 days. By filing the request, Longacre would be essentially admitting that he agrees that a zoning variance is required for the PBPU to operate. Longacre maintains that’s not the case, since the garden is operating under a temporary catering license issued by the state under a so-called “loophole” provided by PA Legislature’s Act 116 of 2012.

The first time the garden was shut down, an emergency injunction hearing was held and the judge ruled that the garden could remain open. The garden is shut down again because L&I has appealed the ruling and the judge who issued the ruling is apparently on vacation.

The main problem with the garden is the zoning requirements. Although the property is zoned RM-1, because of a temporary catering license, the pop-up garden should be able to operate on the property without the issuing of a zoning permit since it’s not a permanent fixture.  

We’ll let you know whether or not the garden will remain open for the remainder of the summer as soon as we hear an update.

9 thoughts on “Point Breeze pop-up garden has been shut down a second time

  • July 20, 2015 at 2:43 pm

    The judge who overturned the original ruling, Common Pleas Judge Linda Carpenter, is married to Yard Brewing owner, Tom Kehoe. Longacre doesn’t sell any Yards Brewing products….. but I’m sure it’s just a coincidence.

    • July 20, 2015 at 2:56 pm

      Anthony – the judge who overturned the initial ruling (and who is now on vacation) is in fact Nina Padilla, as far I know (as reported by me and in the Philadelphia Inquirer). No relation to Kehoe.

      • July 21, 2015 at 9:32 am

        Yes, I know. Padilla has no relation to Kehoe. However, the judge who overturned her ruling, Carpenter, is in fact married to Kehoe.

        • July 21, 2015 at 1:13 pm

          Still, your “suggestion” makes little sense.

          • August 14, 2015 at 12:14 pm

            His suggestion makes perfect sense to anyone who knows the history of Yards and the real story of the split.

            Carpenter should have recused herself from the case and her failure to do so indicates some real ethical problems.

  • July 20, 2015 at 4:09 pm

    What they want to do is to make opening a beer garden a logistical and legal nightmare with fees incurred by the prospector that will negate any operating profit. It would be nice to have a beer in a comfortable outdoor setting but in a neighborhood, there are always a few prissy people who have political influence and want the law followed to a T as if they think anybody regardless of age will consume beer which is not the case at all.

  • July 20, 2015 at 7:19 pm

    this is pretty disgusting, hard to move into the new age when the old age is trying to keep the city back

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