Dillon Real Estate Co. v. Zoning Hearing Board of the Borough of Mount Pocono

I respectfully dissent. Unlike the majority, I do not believe that section 5.2(c) of the *1266Borough of Mount Pocono (Borough) Zoning Ordinance (Ordinance)1 prohibits the sale of gasoline as an accessory use in a C-l zoning district. Quite the contrary, I believe that the plain language of section 5.7(a) of the Ordinance permits the sale of gasoline if such is an accessory use to any of the enumerated principal uses.

I. Plain Language

The majority, without setting forth the language of section 5.7(a) of the Ordinance, simply states that gasoline sales “are not expressly permitted in C-l zoning…