City of Pittsburgh v. Kownacki

Commonwealth Court of Pennsylvania

City of Pittsburgh v. Kownacki

474 A.2d 403, 81 Pa. Commw. 608, 1984 Pa. Commw. LEXIS 1369

CourtCommonwealth Court of Pennsylvania

DecidedApril 23, 1984

DocketAppeal No. 172 C.D. 1983

StatusPublished

This text of 474 A.2d 403 (City of Pittsburgh v. Kownacki) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Pittsburgh v. Kownacki, 474 A.2d 403, 81 Pa. Commw. 608, 1984 Pa. Commw. LEXIS 1369 (Pa. Ct. App. 1984).

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Opinion

Opinion by

Judge Williams, Jr.,

The City of Pittsburgh (City) appeals from -a Court of Common Pleas of Allegheny County order dismissing appellant’s exceptions and entering the decree nisi as a final order restraining the City from enforcing its prohibition of self-service gasoline stations under ordinance provisions held to contravene equal protection guarantees of the Pennsylvania and United States Constitutions.¹

On April 3, 1978, Council amended Ordinance No. 210 of the City’s Fire Prevention Code (Code) by [609]*609adding subsection (f) to Section 16.64 of the Code, thereby absolutely banning the operation of self-service gasoline stations in the City. In August 1982, appellees, owner-operators of gasoline service stations in the City, filed a complaint in equity requesting that the court (1) declare Section 16.64(f) to be unconstitutional; and (2) enjoin the City from enforcing Section 16.64(f). After holding hearings, the chancellor, in his adjudication and decree nisi, concluded that ordinance provisions banning self-service gasoline stations were violative of the equal protection guarantees of the state and federal constitutions. The City’s exceptions to the chancellor’s adjudication were •subsequently dismissed and the decree nisi was entered as a final decree. Upon thorough review of the record and relevant case law, we affirm the common pleas court’s order on the basis of the able opinion (entitled “Adjudication”) of Chancellor (now Justice) Zappala, published at 29 Pa. D. & C.3rd 1 (1984).

Judge Craig did not participate in this decision.

Order

And Now, this 23rd day of April, 1984, the order of the Court of Common Pleas of Allegheny County dated January 3,1983, is affirmed.

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Opinion by

Judge Williams, Jr.,

The City of Pittsburgh (City) appeals from -a Court of Common Pleas of Allegheny County order dismissing appellant’s exceptions and entering the decree nisi as a final order restraining the City from enforcing its prohibition of self-service gasoline stations under ordinance provisions held to contravene equal protection guarantees of the Pennsylvania and United States Constitutions.¹

On April 3, 1978, Council amended Ordinance No. 210 of the City’s Fire Prevention Code (Code) by [609]*609adding subsection (f) to Section 16.64 of the Code, thereby absolutely banning the operation of self-service gasoline stations in the City. In August 1982, appellees, owner-operators of gasoline service stations in the City, filed a complaint in equity requesting that the court (1) declare Section 16.64(f) to be unconstitutional; and (2) enjoin the City from enforcing Section 16.64(f). After holding hearings, the chancellor, in his adjudication and decree nisi, concluded that ordinance provisions banning self-service gasoline stations were violative of the equal protection guarantees of the state and federal constitutions. The City’s exceptions to the chancellor’s adjudication were •subsequently dismissed and the decree nisi was entered as a final decree. Upon thorough review of the record and relevant case law, we affirm the common pleas court’s order on the basis of the able opinion (entitled “Adjudication”) of Chancellor (now Justice) Zappala, published at 29 Pa. D. & C.3rd 1 (1984).

Judge Craig did not participate in this decision.

Order

And Now, this 23rd day of April, 1984, the order of the Court of Common Pleas of Allegheny County dated January 3,1983, is affirmed.

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Bluebook (online)

474 A.2d 403, 81 Pa. Commw. 608, 1984 Pa. Commw. LEXIS 1369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-pittsburgh-v-kownacki-pacommwct-1984.