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

> Commonwealth Court of Pennsylvania · March 19, 1971 · 1 Pa. Commw. 458

URL: https://www.frixlaw.com/law-library/cases/6360581

## Case

- **Full name:** Beaver Gasoline Co. v. Zoning Board of the Borough of Osborne and the Borough of Osborne
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** March 19, 1971
- **Citations:** 1 Pa. Commw. 458; 275 A.2d 702; 1971 Pa. Commw. LEXIS 543
- **Precedential status:** Published
- **Opinion:** Concurrence by Kramer
- **Judges:** Appointed, Barbieri, Bowman, Crtjmlsh, Crumlish, Kramer, Manderino, Mencer, Pennsylvania, Supreme, Wilkinson
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Vacated by Beaver Gasoline Co. v. Osborne Borough, 445 Pa. 571 (1971).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6360581

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6360581. Public record. Not legal advice.