The Pennsylvania Commonwealth Court overturned lower rulings that had blocked drive-through lanes at a lawful nonconforming truck stop operating on Lincoln Highway East. The owners sought to convert an existing bus drop-off lane to serve fast-food counters following shifts in customer behavior. Because township ordinances simultaneously barred drive-throughs at convenience stores while detailing specific design and queuing requirements for them, the court rejected the municipality's excuse that the permissive text was an uncorrected drafting error. The matter has now been remanded back to the local zoning board.
Key points
Ambiguities in local zoning regulations must be legally resolved in favor of the property…: Ambiguities in local zoning regulations must be legally resolved in favor of the property owners under Pennsylvania law.
Municipal claims of drafting errors do not override explicit design standards that exist…: Municipal claims of drafting errors do not override explicit design standards that exist in adopted zoning codes.
The appellate ruling legally classifies the added drive-through facility as a natural exp…: The appellate ruling legally classifies the added drive-through facility as a natural expansion of the existing truck stop business.
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A drive-through window may seem like a small addition to an established convenience store, but for one Pennsylvania couple, getting permission to build one turned into a legal battle lasting nearly six years. Their proposal involved a 5-7-acre truck stop that already sold freshly prepared food and served motorists around the clock. However, local zoning officials refused permission, arguing that township regulations prohibited drive-through facilities at convenience stores.
The dispute reached the Pennsylvania Commonwealth Court, which ruled on October 27, 2026, in Jyotsna Jivani and Anil Jivani v. East Lampeter Township Zoning Hearing Board and East Lampeter Township, according to the court
opinion available on Justia. The court overturned the lower court's decision upholding the denial, finding conflicting provisions in the township's zoning ordinance. It also recognised the proposed facility as a natural expansion of the existing business and sent the case back to the zoning board for further proceedings.
A truck stop looking to expand its food service
Jyotsna and Anil Jivani own a property at 2622 Lincoln Highway East in East Lampeter Township, Lancaster County. The approximately 5-7-acre…
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