In this zoning enforcement dispute out of Montgomery County, the Borough of West Conshohocken sought to obtain $130,500 in penalties for an ongoing zoning violation that had accrued while the property owner’s challenged the violation notice in court. Concluding that the enforcement action was premature, the Commonwealth Court held that the Borough was not entitled to impose fines while the underlying appeal remained pending.
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