In this dispute over the placement of air conditioning equipment, the Commonwealth Court was presented with an appeal from a trial court’s order to compel compliance with its earlier order declaring a property owner was subject to certain provisions of a uniform planned community declaration. In reversing the order, the court held that because the earlier order had granted declaratory relief, it could not have directed any specific action by the property owner and thus the community association’s motion to compel was premature. Continue reading
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: declaratory judgment
In this dispute out of Adams County, a Property Owner attempted to prevent a Township from clear cutting a portion of his property in accordance with a 10 year old right-of-way agreement (“ROW Agreement”) for a sewage easement. In affirming the Court of Common Pleas of Adams County’s grant of declaratory relief to the Township, the Commonwealth Court emphasized that the trial court had merely been interpreting the ROW agreement, and various factual disputes raised by the Property Owner were not properly before the lower court.
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