Legal Opinion
Three Rivers Aluminum Co. v. Brodmerkle
Commonwealth Court of Pennsylvania
Decided September 14, 1988No. Appeal 253 C.D. 1988PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
Judge Doyle,
This appeal stems from Three Rivers Aluminums (Appellee) successful attempt to vacate an injunction which prohibited it from serving food and alcohol to the general public in the clubhouse of its eighteen-hole golf course. For the following reasons, we reverse.
In 1945, Marshall Township (Township) enacted Ordinance No. 1, a comprehensive zoning ordinance. Under Ordinance No. 1, restaurants were permitted only in “D” (business) zones. In early 1954, Nordev, Inc. (Nordev) acquired 250 acres of land in the Township. The land at that time was partially zoned “A”…
2Cases cited11 opinions
- Ladner v. Siegel (No. 4)Supreme Court of Pennsylvania · 1929
- Sawdey Liquor License CaseSupreme Court of Pennsylvania · 1951
- Neshaminy Water Resources Authority v. Del-Aware Unlimited, Inc.Supreme Court of Pennsylvania · 1984
- Appeal of Mellon Bank, N.A.Commonwealth Court of Pennsylvania · 1983
- Hilovsky Liquor License CaseSupreme Court of Pennsylvania · 1954
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3Cited by5 opinions
- 1916 Delaware Tavern, Inc. v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1995
- Three Rivers Aluminum Co. v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1992
- Compton v. Zoning Hearing Board of Pennsbury TownshipCommonwealth Court of Pennsylvania · 1998
- Nether Providence Township v. ColettaCommonwealth Court of Pennsylvania · 2016
- Soja v. Factoryville Sportsmen's ClubSuperior Court of Pennsylvania · 1992