This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: fines

Municipalities Cannot File Enforcement Actions Until All Appeals of Underlying Violation Exhausted

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.

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Failure to Appeal Violation Notice Conclusive Determination of Ordinance Violation

In this zoning enforcement action out of Northampton County, the Commonwealth Court was presented with a property owner’s appeal of a judgment entered against them for constructing a retaining wall and backfill within the Delaware River floodplain without necessary permits.  In affirming the Court of Common Pleas of Northampton County’s (the “trial court”) decision to award attorney fees, a fine, and grant a permanent injunction, the court found that failure to appeal a zoning violation notice to the zoning hearing board (“ZHB”) resulted in a conclusive determination of violation that could not be contested on appeal.

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