Pennsylvania Court Sides With a Truck Stop Used by Truckers in a Nearly Six-Year Drive-Through Fight

A truck stop in Lancaster County, Pennsylvania, spent nearly six years in a legal fight over a drive-through window, and a state appeals court has now sided with the owners. The Pennsylvania Commonwealth Court filed its opinion on Oct. 27, 2026, in Jivani v. East Lampeter Township Zoning Hearing Board. The truck stop serves truckers with diesel fueling and a parking area where they can rest.
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The truck stop
According to the opinion, owners Jyotsna and Anil Jivani operate a convenience store, gas station and truck stop on a property of about 5 to 7 acres at 2622 Lincoln Highway East in East Lampeter Township. It is a nonconforming use in an agricultural district, which means it operated before the current zoning rules and is allowed to continue. The store is open 24 hours, with Subway and Champ's Fried Chicken counters. Car pumps are in front and tractor-trailer fueling is in back. The property has a parking area for tractor-trailers "to permit truck drivers to rest for extended periods."
What the owners asked for
Around October 2020, the owners applied to add a drive-through window. Jivani testified that sales dropped during COVID-19 and that many customers, "particularly elderly people," did not want to come inside. The window would serve passenger cars only, with no tractor-trailer traffic.
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How the case moved
- The township denied the permit.
- The zoning hearing board denied it on Jan. 14, 2021.
- The Lancaster County Court of Common Pleas affirmed on Aug. 14, 2025.
- On Oct. 27, 2026, the Commonwealth Court reversed and sent the case back to the zoning board.
The judges held that a drive-through was a natural expansion of the existing nonconforming use. They also found that the township's zoning rules conflicted, so the ordinance had to be read in the owners' favor. The court limited its ruling to the facts of this case, so it does not decide how other zoning boards must treat similar requests.
What it means for truckers
The window is for cars, so the ruling does not change anything about truck fueling or parking at this stop. The opinion does note that in 1988 the zoning board rejected a prior owner's request to expand the paved area for additional tractor-trailer parking. Truck parking remains a hard problem in many places, and Big Rig Daily has more in its truck parking tips and apps guide and a report on an Arkansas truck parking project.
What happens next
The case now returns to the East Lampeter Township Zoning Hearing Board. Big Rig Daily did not find a date for further proceedings.
Quick facts
- Where: 2622 Lincoln Highway East, East Lampeter Township, Lancaster County, Pennsylvania.
- Requested: a drive-through window for passenger cars, around October 2020.
- Ruling: Oct. 27, 2026, Pennsylvania Commonwealth Court, reversing and remanding.
- Next: the zoning hearing board takes the case up again.
FAQ
What did the Pennsylvania court decide in the Lancaster County truck stop case?
The Commonwealth Court reversed the denial and sent the case back to the zoning board. It held that a drive-through was a natural expansion of the existing use and that the township's zoning rules conflicted.
Will the Lancaster County truck stop drive-through serve trucks?
No. According to the opinion, it would be for passenger cars only, with no tractor-trailer traffic.
Does the ruling apply to other truck stops?
The court limited its ruling to the facts of this case.
A question for readers
If it takes six years to add one window, how long would it take to add a single truck parking space?
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Sources
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