# Anstine v. Zoning Board of Adjustment

> Supreme Court of Pennsylvania · April 30, 1963 · 411 Pa. 33

URL: https://www.frixlaw.com/law-library/cases/9716188

## Case

- **Full name:** Anstine, Appellant, v. Zoning Board of Adjustment
- **Court:** Supreme Court of Pennsylvania
- **Decided:** April 30, 1963
- **Citations:** 411 Pa. 33; 190 A.2d 712; 1963 Pa. LEXIS 474
- **Precedential status:** Published
- **Opinion:** Dissent by Cohen
- **Judges:** Bell, Musmanno, Jones, Cohen, Eagbn, O'Brien
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9716188

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9716188. Public record. Not legal advice.