Legal Opinion · Dissent

Northeastern Gas Co. v. Foster Township Zoning Hearing Board

Commonwealth Court of Pennsylvania

Decided July 30, 1992No. 2348 C.D. 1991Published

1DissentPellegrini, Judge

I respectfully dissent. While I concur that the Liquified *486Petroleum Gas Act1 does not preempt local zoning regulations, I dissent as to that portion of the majority’s holding that the Landowner has a right to operate a bulk fuel propane facility as a continuation of a non-conforming use on property previously used as a “gas station” because both involve fuel storage.

Beginning the the 1960’s, Northeastern Gas Company, Inc., Floyd C. Hoffman and Marian Hoffman (Landowners) operated a liquified petroleum storage facility and delivery business as a non-conforming use on property then classified…

2Cases cited2 opinions

  1. In Re Appeal of CrawfordCommonwealth Court of Pennsylvania · 1987
  2. O'Kane v. Zoning Hear. Bd. of HaverfordCommonwealth Court of Pennsylvania · 1990

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