Jackson v. Pottstown Zoning Board of Adjustment

Dissenting Opinion by

Mb. Justice Robebts:

In my view the majority incorrectly upholds the zoning board’s conclusion that appellants’ beer distributorship would be a permitted use by virtue of being a “retail business” under Art. VII, §701(3) of the zoning, code. Both the findings of fact of the board1 and the Liquor Code’s description of Detweilers’ license2 -indicate that appellants sell to clubs, hotels and restaurants as well as to consumers. Insofar as the former sales are concerned, Detweilers’ business may hardly be classified as retail; for the clubs, hotels and restaurants themselves…