Township of Middle Smithfield v. Kessler

OPINION BY

Judge LEADBETTER.

The Township of Middle Smithfield (Township) appeals from the order of the Court of Common Pleas of Monroe County (common pleas) denying the Township’s request for a preliminary injunction prohibiting Scott and Kimberly Kessler from continuing to operate their gas station without obtaining a final occupancy permit from the Township. We reverse.

In 1988, the Kesslers first opened their gas station on their 3.6-acre lot on Route 209. In September of 2001, they sought conditional use approval to add a convenience store to the uses and structures then existing on the…