Opinion

Beaver Gasoline Co. v. Zoning Board of Borough of Osborne

1 Pa. Commw. 458
275 A.2d 702
1971 Pa. Commw. LEXIS 543

Court: Commonwealth Court of Pennsylvania
Filed: Mar 19, 1971
Status: Published
Author: Kramer
On the bench: Appointed, Barbieri, Bowman, Crtjmlsh, Crumlish, Kramer, Manderino, Mencer, Pennsylvania, Supreme, Wilkinson
Cited by: 6 cases

Vacated by Beaver Gasoline Co. v. Osborne Borough, 445 Pa. 571 (1971)

The opinion

Concurring Opinion by

Judge Kramer:

Although I concur with the majority opinion in its reasoning and ruling on total prohibition of use provi *478 sions in a zoning ordinance such, as is involved in this case, I would remand the case. Until the ruling in this case, Osborne Borough did not know that it had a burden to go forward with reasons for the prohibition.

I would give the municipality an opportunity to present its “reasons”, if any, why the borough should be permitted to totally prohibit gasoline stations within its borders.

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