Middletown Township v. Delaware County Institution District

Opinion by

Mr. Justice Roberts,

This is an appeal by the Township of Middletown from the decision of the Commonwealth Court affirming the order of summary judgment directing the Township to issue a building permit to plaintiff-appellee, Institution District of Delaware County. The issue presented is whether the Township of Middletown [Township], through its Board of Supervisors, has zoning jurisdiction, and therefore, the power to restrict the height of the building proposed to be erected on the county nursing facility known as “Fair Acres Farm” by the Institution District of Delaware County…