Attorney Christopher Papa argued Monday the opinion could set a precedent allowing developers a way to tack on primary uses as accessory uses to circumvent local zoning laws.
"We feel that this is sort of a rubber stamp to this big use that is going to impact this community," Papa told the board at the start of the two-hour hearing Monday night.
The appeal also argues that a lack of a conditional-use hearing denied the public an opportunity to voice concerns to the township.
Soloman testified that his initial opinion, made about a year ago, was inline with the township's ordinance and in part based off of a previous opinion on a similar Wawa project from 2018.