In Wills v. Middle Smithfield Township, 117 Pa. Commw. 620, 544 A.2d 103 (Pa. Cmwlth. 1988), Lawrence A. Wills (Wills) owned property in Middle Smithfield Township (Middle Smithfield). Wills received a building permit from Middle Smithfield to construct an ice cream store. Wills built the building but never operated an ice cream store. He sold six and one-half acres of his original parcel of nearly eight and one-half acres to another party. Middle Smithfield filed an action in equity with the Court of Common Pleas of Monroe County and sought removal of the building on the basis that the building was in violation of the Middle Smithfield Zoning Ordinance which required retail and commercial establishments to be located on a tract of at least five acres. During the litigation Middle Smithfield revoked the building permit. The Court of Common Pleas of Monroe County ultimately ordered that the building be removed. Wills, 544 A.2d at 104-105. One of the issues Wills raised on appeal was whether the revocation of the permit necessitated the removal of the building because he had a valid building permit at the time the building was constructed. Wills, 544 A.2d at 105. The Court affirmed: In the case at bar, the trial court of Common Pleas of Monroe County found these distinctions unpersuasive and determined that a removal order should not be conditioned upon a showing by the Township that false statements and misrepresentations were made. Section 617 of the MPC grants to the governing body of a municipality the authority to institute appropriate action to prevent, restrain, correct or abate any building, structure, or land which is, or is proposed to be, erected, constructed, maintained, or used in violation of any ordinance enacted under the MPC, 53 P.S. 10617. Under this section, a trial court has the power to order the abatement of a building which constitutes a zoning violation. ... Wills, 544 A.2d at 106. In sum, Wills owned a commercially zoned lot measuring 8 1/2 acres. He obtained a building permit to construct an ice cream parlor, erected the building, but never commenced business. Thereafter, Wills conveyed 6 1/2 acres of the land to another individual. The township filed an action in equity to remove the building, which the township argued was in violation of an ordinance requiring retail and commercial establishments to be located on a minimum tract of five acres. The trial court entered a decree ordering Wills to remove the structure within 90 days. In responding to Wills' argument that he had not lied in his permit application, the trial court stated that "a removal order should not be conditioned upon a showing by the township that false statements and misrepresentations were made." Id. at 106. On appeal, the Court affirmed. The Court reiterated that it is the trial court which "has the power to order the abatement of a building which constitutes a zoning violation" in an equity action brought under 617 of the MPC. Id.