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WORCESTER TOWNSHIP APPEAL

No. 246 C.D. 1986.

101 Pa.Commw. 327 (1986)

516 A.2d 420

In Re: Appeal of Gulf Oil Corporation from decision of Worcester Township Zoning Hearing Board. Worcester Township, Appellant.

Commonwealth Court of Pennsylvania.

October 20, 1986.

Attorney(s) appearing for the Case

Philip R. Detwiler, Philip R. Detwiler & Associates, P.C., for appellant.

Jerome B. Nulty, for appellee.

Submitted on briefs July 15, 1986, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, October 20, 1986:

In the present appeal, we must decide whether a provision of a township's zoning ordinance which restricts the hours of operation of gasoline service stations located in a commercial district is unconstitutionally discriminatory. The Court of Common Pleas of Montgomery County, Judge WILLIAM T. NICHOLAS presiding, held that such a provision was discriminatory and thus invalid. In view of the particular circumstances here, we...

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