Scholl v. Britten

Opinion by

Judge Craig,

Leidy Scholl appeals an order of the Court of Common Pleas of Montgomery County sustaining the preliminary objections of Hatfield Township Officers Sydney Britten, Ronald Pluck and Steven Bennett, to Scholl’s complaint in mandamus which sought to compel those officers to issue a building permit.

On three occasions, Scholl applied for a building permit to alter a garage door to a forty-inch door on his commercial property used as a car wash and laundromat. On all three occasions, the township denied Scholl’s application for failure to comply with various building, zoning…