Opinion

Anstine v. Zoning Board of Adjustment

  • 411 Pa. 33
  • 190 A.2d 712
  • 1963 Pa. LEXIS 474
Court
Supreme Court of Pennsylvania
Filed
Apr 30, 1963
Status
Published
Author
Cohen
On the bench
Bell, Musmanno, Jones, Cohen, Eagbn, O'Brien
Cited by
46 cases
Authority
More cited than 9.2%

stating that, if the wheels of a mobile home are removed and the mobile home is bolted to a concrete block foundation, the mobile home will be rendered immobile and will become a permanently affixed structure

How later courts described this case

  • stating that, if the wheels of a mobile home are removed and the mobile home is bolted to a concrete block foundation, the mobile home will be rendered immobile and will become a permanently affixed structure

Written by the judges who cited it.

Distinguished

  • Distinguished by Kidder Township v. Kresge, 38 Pa. D. & C.2d 362 (1965)

    The case of Anstine v. Zoning Board of Adjustment, 411 Pa. 33, is readily distinguishable from the case at bar.
    Pennsylvania Court of Common Pleas, Carbon CountyJun 2, 1965Read it

The opinion

Dissenting Opinion by

Mr. Justice Cohen:

The majority has held that insufficient evidence was presented to demonstrate that the zoning classification herein involved bears a substantial relationship to the public health, safety, morals, or general welfare of the community. I am fearful that this holding may be misconstrued to mean that under no circumstances can a community regulate the placement and existence of trailer homes. The majority opinion points out that no competent evidence was produced to show that the placement of this trailer had any deleterious effect up *45 on the aesthetics of the community, or that it had any unfavorable impact upon property values. Since we should only declare the application of a statute unconstitutional when it is absolutely necessary to do so, I would remand the proceedings to the court below to hear additional evidence. Cf. Robinson Township School District v. Houghton, 387 Pa. 236 , 128 A. 2d 58 (1956); Altieri v. Allentown Retirement Board, 368 Pa. 176, 180 , 81 A. 2d 884, 886 (1951).

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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