BEAVER GAS CO. v. ZON. BD. of OSBORNE BORO.


1 Pa.Commw. 458 (1971)

Beaver Gasoline Co., et al. v. Zoning Board of the Borough of Osborne and the Borough of Osborne.

Commonwealth Court of Pennsylvania.

March 19, 1971.


Attorney(s) appearing for the Case

James W. Dunn, Jr., for appellant.

William Howard Colbert, with him Robert A. Rundle and Wright & Rundle, for appellee.

Argued December 15, 1970, before President Judge BOWMAN and Judges CRUMLSH, JR., KRAMER, WILKINSON, JR., MANDERINO, MENCER and BARBIERI (who has since been appointed to the Supreme Court of Pennsylvania and did not participate in the decision).


OPINION BY JUDGE CRUMLISH, JR., March 19, 1971:

The individual appellants are the owners of a certain piece of ground which is zoned "C" Commercial in the Borough of Osborne, Allegheny County. On March 12, 1969, they entered into an agreement of sale with the corporate appellant, Beaver Gasoline Co., whereby Beaver agreed to purchase the aforesaid lot contingent upon the issuance of a gasoline service station building permit.

Beaver's application for a permit...

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