Susquehanna Township Board of Commissioners v. Hardee's Food Systems, Inc.

Opinion by

Judge Blatt,

The Susquehanna Township Board, of Commissioners (Board), the appellant here, seeks review of a decision of the Court of Common Pleas of Dauphin County which reversed the Board’s refusal of the appellee’s1 request for a conditional use permit to add a drive-through window at its restaurant in Susquehanna Township (Township).

The appellee applied to the Board for a permit to install a drive-through window as a conditional use under Chapter XXVII, Section 192(h)(5) of the Township’s Code of Ordinances (Township Code) and that application was approved by the Township’s…