Alessi v. Millcreek Township Zoning Hearing Board

Charles A. Alessi, Jr. and Melissa D. Alessi, his wife, and Patrick S. Horwath and Roberta E. Horwath, his wife, (collectively, Appellants) appeal from the February 19, 2002, order of the Court of Common Pleas of Erie County (trial court) affirming the decision of the Millcreek Township Zoning Hearing Board (ZHB), which held that the proposal of Sheetz, Inc. (Sheetz) to sell gasoline in conjunction with its retail store constitutes a permitted principal use as a "convenience store" pursuant to the Millcreek Township (Township) Zoning Ordinance (Ordinance). We reverse.