Delaware Institution District v. Middletown Township

Opinion by

Judge Rogers,

The appellee, The Delaware County Institution District, the owner of 210 acres of land located in the appellant Township of Middletown, desires, with the approval of the Commonwealth Departments of Public Welfare and Labor and Industry, to erect on less than an acre of its land an urgently needed geriatric care center. The proposed new facility would be 14 stories and 197 feet in height. The Township of Middletown has imposed by zoning ordinance a maximum height limitation of 65 feet upon any building in the township. The narrow question before us is whether the…