In this appeal from the Court of Common Pleas of Blair County, the Commonwealth Court was asked to determine whether § 617 of the Municipalities Planning Code (“MPC”) permits a private cause of action to enforce a SALDO violation. In reversing the trial court’s determination, the Court held that MPC § 617 permits private enforcement actions for violations of any ordinance established pursuant to the MPC.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: Subdivision and Land Development Ordinance (SALDO)
In this case out of Susquehanna County, the Commonwealth Court determined that where a subdivision and land development ordinance (SALDO) does not impose a mandate upon a municipality to enforce it, the municipality cannot be compelled to enforce the SALDO by a writ of mandamus. The court also determined that where a lease does not convey a discrete portion of land to a lessee, it does not constitute subdivision that triggers approval under the SALDO.
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