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Dissenting Opinion by
Judge Doyle: I respectfully dissent. While acknowledging that an elevated canopy is not within the ordinary under
*28 standing of the term “service equipment”, once granted that gasoline pumps are themselves items of service equipment, an elevated canopy over the pumps would also be within the conception, given the specific frame of reference here, “gasoline pumps and other service equipment” (emphasis added). I believe the canopy would therefore be within the exception to the sixty foot set-back requirement.
Document Info
Docket Number: Appeal, No. 301 C.D. 1984
Citation Numbers: 86 Pa. Commw. 23, 483 A.2d 1049, 1984 Pa. Commw. LEXIS 2001
Judges: Craig, Doyle, Williams
Filed Date: 11/5/1984
Precedential Status: Precedential
Modified Date: 11/13/2024