New Britain herald., 1929-06-19
FRANKLIN SQUARE
 ZONE LAW FAULTY
(Continued from First Page)

course will be followed, the city'i legal adviser said.
 Any appeal taken will be contrary to the wishes of Mayor Paonessa, who said today he prefers to have the incident considered closed q this point.
 ! There 10 no question in the mind of Judge Kirkham as to his author ity to take appeals, he said. Judge Yeomans' declaration that the xon- ing ordinance is unconstitutional because it discriminates against the oil company, will SO to the court of errors at all events, the corporation counsel promised, and he considers there are at least five or six other debatable questions which should be sdjudicated.
 Section Considered Unconstitutional 1 The section which Judge Yeo- mans considers to be unconstitution- al reads as follows:
 "(g) No public garage shall be occupied in any part for residence purposes. No doorway for vehicles in any public garage. and no public gas pump or filling station in any Business "B" or Business ''C' Dis trict shall be located within 100 feet. along the same principal street front, from any premises, occupied by a church. school. hospital. or institu- ton for children: or within 75 feet in any direction therefrom: or with in 50 feet, along the same street, from the boundary of any Residence District. No doorway for vehicles in any public garage, and no public gas pump or filling station in any dis trict other than a Business "B" or Business "C" District shall be To- cated within 200 feet, in a direct line, from any premises occupied by a church, school, hospital, or tnsti- tuition for children, or within 50 feet, along the same street, from the boundary of any Residence District. No public gas pump or filling station. unless within building, shall be To- cated within 12 feet of any street line. No public garage in any Busi- ness District shall have any part of its vehicle storage space on the first floor within 20 feet of an entrance or exit of the principal street." Upholds Attorney GafFney
 This finding supports one of the main contentious raised by Attorney Donald Gaffney as counsel for the I Standard Oil Company.
 Inspector Rutherford and Alder man David L. Nair. who was chair man of the ordinance committee of the common council when zoning was adopted, responded affirmative ly when Attorney Gaffney asked them if the industrial zone restric- tions were framed with the idea in mind of preventing the petitioner from establishing a gasoline station on, Franklin Square. Observation of this testimony is made in the open- ing paragraph of the Yeomans find ing.
 Judge Kirkham took issue on the question of discrimination. He de- clared there are many other plots of land in the city that would come under the same restriction and that the city had legislative right. through the zoning enabling act. to impose whatever restrictions it saw l fit.
 The two attorneys also debated at length the question of whether the case was properly in court, Judge kirkham insisting that appeal should first having been taken to the board of adjustment, while At torney Gaffney argued that the board was stopped from hearing the case by reason of the Masonic Temple decision.