Appeal, No. 54, Jan. T., 1960, from order of Court of Common Pleas of Delaware County, Dec. T., 1958, No. 570, in case of Esso Standard Oil Company v. Jack Taylor et al. Order reversed.
A. DiPasqua, with him Melvin E. Caine, for appellants.
Richard P. Brown, Jr., with him Ralph Earle, II, and Morgan, Lewis & Bockius, for appellees.
Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.
OPINION BY MR. JUSTICE BELL.
This is an appeal from an order of the Delaware County Court of Common Pleas (1) making final a Decree Nisi of that Court which granted a variance to the appellees; (2) dismissing appellants' exceptions to the Decree Nisi; and (3) discharging a rule to show cause why said Decree Nisi should not be revoked, why the hearing should not be reconvened, and why intervention by the present appellants should not be allowed.
On August 8, 1958, the appellees*fn1 applied to the building inspector of Marple Township for a permit to erect a gasoline service station on their property located at the Northeast corner of Sproul Road and Hilldale Avenue. The building inspector refused the application because this property is located in an R1 zoning district, where such structure is prohibited by the duly enacted zoning ordinance of Marple Township. On appeal the Marple Township Board of Adjustment conducted hearings, at which many of the property owners in the immediate area of appellees' property appeared
to oppose the petition,*fn2 and after taking testimony, found the following facts:
"(1) That the ground in question is owned by the petitioners as tenants by the entireties, having purchased the same on or about June 2, 1953.
(2) That said premises is now zoned R-1, Residential.
(3) That the petitioners desire to erect a gasoline service station which is contrary to and not ...