Legal Opinion

Open Pantry Food Marts v. Commonwealth ex rel. Township of Hempfield

Commonwealth Court of Pennsylvania

Decided September 5, 1978No. Appeals, Nos. 2106 and 2172 C.D. 1977PublishedCited by 9 opinions

1Opinion of the Court

Opinion by

Judge Mencer,

Defendants Open Pantry Food Marts and Martin Oil Service, Inc., were summarily convicted of violating Township of Hempfield Ordinance 77-1, which regulates the dispensing of gasoline at service stations. The defendants appealed to the Court of Common Pleas of Westmoreland County, contending that Ordinance 77-1 was an improper exercise of the police power and in conflict with regulations adopted by the Pennsylvania State Police. When the Court of Common Pleas affirmed the convictions, the defendants appealed to this Court. We affirm.

*425The ordinance in question, which by…

2Cases cited4 opinions

  1. Beaver Gasoline Co. v. Osborne BoroughSupreme Court of Pennsylvania · 1971
  2. Western Pennsylvania Restaurant Ass'n v. PittsburghSupreme Court of Pennsylvania · 1951
  3. Beaver Gasoline Co. v. Zoning Board of Borough of OsborneCommonwealth Court of Pennsylvania · 1971
  4. Pyle v. Harmar Township Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1975

3Cited by9 opinions

  1. Duff v. Township of NorthamptonCommonwealth Court of Pennsylvania · 1987
  2. Plaxton v. Lycoming County Zoning Hearing BoardCommonwealth Court of Pennsylvania · 2009
  3. Sunny Farms, Ltd. v. North Codorus Township & O.U.C.H, Inc.Commonwealth Court of Pennsylvania · 1984
  4. Holland Enterprises, Inc. v. JokaCommonwealth Court of Pennsylvania · 1982
  5. In re Appeal of Atlantic Richfield Co.Commonwealth Court of Pennsylvania · 1983

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