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HERBERT S. ISAACSON AND RUTH R. ISAACSON v. JOSEPH FLANAGAN AND PATRICIA FLANAGAN (06/02/83)

decided: June 2, 1983.

HERBERT S. ISAACSON AND RUTH R. ISAACSON, HIS WIFE, APPELLANTS
v.
JOSEPH FLANAGAN AND PATRICIA FLANAGAN, HIS WIFE, AND BRISTOL TOWNSHIP, APPELLEES



Appeal from the Order of the Court of Common Pleas of Bucks County in the case of In Re: Appeal of Herbert S. Isaacson and Ruth B. Isaacson, No. 81-05969-14-5.

COUNSEL

William E. Benner, Power, Bowen and Valimont, for appellants.

Edwin N. Popkin, with him Thomas R. Hecker, Begley, Carlin & Mandio, and Clyde W. Waite, Stief, Luber, Waite, Gross & Sagoskin, for appellees.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 74 Pa. Commw. Page 565]

The Court of Common Pleas of Bucks County upheld a decision of the Bristol Township Zoning Hearing Board that Herbert Isaacson and his wife, Ruth's appeal to the zoning hearing board from the action of the zoning officer granting the appellees, Joseph Flanagan and Patricia, his wife, a permit to use a property at 7507 Bristol Pike as a gasoline station was untimely filed. We affirm.

The Isaacsons own property next to 7507, numbered 7505 Bristol Pike which was also used for a gasoline station. Both properties are located in a zoning district where the use of property as a gasoline station is not now permitted but both were used as gas stations at a time before that use was prohibited by the zoning ordinance.

Before the Flanagans purchased the property at 7507 Bristol Pike on April 1, 1980, the property was owned by the Exxon Corporation and had been used

[ 74 Pa. Commw. Page 566]

    by Exxon as a gasoline station until October 16, 1978 when Exxon closed it, removed the tanks and boarded the windows.

The chronology of events is as follows:

From April 1, 1975, the Isaacsons leased their property at 7507 to Mauger and Company, Inc., the Isaacsons' gasoline supplier.

After April 1, 1975, Mauger and Company subleased the Isaacsons' station to the Flanagans and the Flanagans thereafter operated the station.

In or about August or September, 1979, Mauger and Company told the Isaacsons that the Flanagans intended to open a gasoline station on the next door Exxon property.

On November 19, 1979, the Isaacsons notified Mauger and Company and the Flanagans of the termination of their leases as of January 1, 1980 and, that if they did not remove themselves by that date damages would be sought.

On November 30, 1979, the Flanagans applied for permission of the Bristol Township zoning officer to use the former Exxon station at 7507 as a gasoline station. The permit was issued December 7, 1979.

In December, 1979, the Isaacsons learned that the Flanagans had applied to the federal Department of Energy for the transfer of the gasoline allocation of the station on the Isaacsons' property to the Exxon property for the Flanagans' use.

On December 28, 1979, the Isaacsons' lawyer wrote a letter to the Department of Energy with a copy to ...


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