Borough of Middletown v. Agway Petroleum Co.

Opinion by

Judge Wilkinson, Jr.,

In this appeal appellant, Borough of Middletown (Borough), challenges an order in mandamus of the Court of Common Pleas of Dauphin County1 directing the Borough to reissue a building permit to appellee, Agway Petroleum Company (Agway), and awarding damages for the Borough’s erroneous revocation of a building permit. We affirm.

The facts underlying this appeal are not disputed. Following discussions with officials of the Borough and the Lower Dauphin Code Enforcement Agency2 a building permit was issued to Agway for construction of a self-service gasoline station…