Boron Oil Co. v. Kimple

Opinion by

Mr. Justice Roberts,

On July 22,1968, appellant Boron Oil Company applied to the Borough of Beaver for a building permit for the construction of a gasoline station on property which it owned in the Borough. On the following day, the Borough Manager notified appellant that the Borough was in the process of revising its present zoning ordinance and that the requested permit could not is sue for the reason that the proposed rezoning, if adopted, would prohibit a service station at appellant’s site.

Appellant thereafter brought an action of mandamus to compel the issuance of the permit.…