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BOYERTOWN BORO. v. GOLDEN PET. CO., INC.

213 Pa.Super. 308 (1968)

Boyertown Borough, Appellant, v. Golden Petroleum Co., Inc.

Superior Court of Pennsylvania.

November 14, 1968.

Attorney(s) appearing for the Case

Robert I. Cottom, with him Matten and Cottom, for appellant.

C. Edmund Wells, with him Henry T. Crocker, and Wells, Campbell, Reynier & Yohn, for appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.

OPINION BY SPAULDING, J., November 14, 1968:

This is an appeal by the Borough of Boyertown, appellant, from an order of the Court of Common Pleas of Berks County reversing the summary conviction and fine of the Golden Petroleum Co., Inc., appellee, for violation of the Borough Zoning Ordinance and holding that Article VII, § 701.1(f) of the Zoning Ordinance is an unconstitutional exercise of the zoning power.

Appellee leases and operates a gasoline service...

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