Board of Supervisors v. BAC, Inc.

McGINLEY, Judge.

This is an appeal by the Millcreek Township Board of Supervisors (Board) from an order of the Court of Common Pleas of Erie County (common pleas court) which reversed the Board’s decision denying BAC, Inc’s (BAC) request that it declare relevant portions of its Zoning Ordinance invalid and adopt BAC’s proposed curative amendment.

BAC owns a tract of land located at the northeast corner of West Sixth Street and Peninsula Drive in Millcreek Township (Township). A two hundred foot portion of the tract fronts along West Sixth Street and Peninsula Drive and is designated as a…