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SMITHFIELD v. KESSLER

882 A.2d 17 (2005)

TOWNSHIP OF MIDDLE SMITHFIELD, Appellant v. Scott J. KESSLER and Kimberly Nicholson Kessler.

Commonwealth Court of Pennsylvania.

Decided August 11, 2005.

Reargument Denied October 3, 2005.

Attorney(s) appearing for the Case

Richard E. Deetz, Stroudsburg, for appellant.

James V. Fareri, Stroudsburg, for appellees.

Thomas L. Wenger, Harrisburg, for amicus curiae, Pennsylvania State Association of Township Supervisors.

BEFORE: McGINLEY, J., and LEADBETTER, J., and JIULIANTE, Senior Judge.

OPINION BY Judge LEADBETTER.

The Township of Middle Smithfield (Township) appeals from the order of the Court of Common Pleas of Monroe County (common pleas) denying the Township's request for a preliminary injunction prohibiting Scott and Kimberly Kessler from continuing to operate their gas station without obtaining a final occupancy permit from the Township. We reverse.

In 1988, the Kesslers first opened their gas station on their 3.6-acre lot on Route...

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