New Britain herald., 1929-05-23
GAS STATION FIGHT
 CARRIED ID COURT
Nsv Cbpt9 Xdta h Franklin
 SQulre Pdnit RoI

Based on the complaint that the xoninx ordinance is arbitrary. dis criminatory, illegal and unconstitu- tional," the Standard Oil Co. has carried to the superior court it's fight for the right to conduct 8 gasoline lllling station at the corner of Franklin square and Pearl street, and will seek to have an order made for issuance of the necessary per- mits.
 The entire matter will be review ed in superior court, next Tuesday morning at g o'clock. The city of New Britain and Building Inspector Arthur N. Rutherford have been summoned to the hearing by writ signed yesterday by States Attorney Hugh NJ. Alcorn.
 The filling station matter has been handled by Attorney Leo V. Gaffney through it's several hearings before the board of adjustment. Mir. AL corn appears in the case only with respect to the signing of the writ of mandamus. which the law pro- vides must be signed by a states attorney.
 After setting forth that the com plainant purchased the plot of land for the specific purpose of conduct ing filling station, the writ goes on to say:
 Discrimination Claimed
 The property is located at the corner of Franklin square and Pearl street. adjoining, on the east ani north, property of the American Hardware corporation, a large in dustrial corporation. having a capl- talization of S12.400,OOO. and em- ploying several thousand hands; it is located more than 100 feet from the Emmanuel Gospel church, the nearest house of worship: that the maximum restrictions under the zoning law obtain in residence A zone and the minimum in the in- dustrial zone: the property in ques- ton is in an industrial zone; the zone law permits gasoline filling sta tions within 100 feet of churches in two business zones. but requires 200 feet distance in industrial zones; that this regulation is contrary to the spirit of zoning and affects no property but that of the Standari Oil Co.,; that the claimed discrimi- nation is contrary to the 14th amendment to the constitution and an unreasonable exercise of the po- lice powers; that the board of ad- justment- has sanctioned change which would permit use of the pro- perty for gasoline filling stations, but that the common council tabled the matter for some time and subse- quently rejected the recommends ton: that the complainant has the necessary permits from the state and it's plans for a building con- form with all city ordinances ex- ceptng the one which refers to the distance from church structure.
 No bAnch Cart on Corner
 Anthony Zazzero of Hartford, holds a permit to move a second- hand lunch cart onto the lot and expects to set up in business in the early part of next week. His lease does not permit him to use the corner portion of the lot, that sec tion having been reserved by the company in anticipation of favor able action by the superior court on the new petition.
 If the oil company is successful in securing a superior court order which requires Inspector Rutherford 10 issue the permit. the plot will be the site of a lunch cart and a fill- ing station, both of which were ob- iected to by representatives of sev- cral thousands of church oers and property owners.