Board of Supervisors v. Meals

Opinion by

Judge Williams, Jr.,

This case comes before the Court on appeal by the Board of Supervisors of Franklin Township from a decision of the Adams County Court of Common Pleas, invalidating Section 3.03 of the Township Building Permit Ordinance of 1974,1 which requires a thirty-five foot setback from highway right-of-way lines. The court simultaneously ordered the township to grant the requested building permit to the landowner, J. Kermit Meals.

In May, 1979, Meals applied to the Building Enforcement Officer for a permit to build a garag'e within ten feet of the thoroughfare right-of-way,…