In this petition to enforce a final determination of the Office of Open Records (“OOR”) the Commonwealth Court was asked to determine how can enforce OOR determinations where no appeal has been taken of that determination. The Court concluded that a mandamus action, not a petition to enforce, was the appropriate legal vehicle, but found no error in the Court of Common Pleas of Montgomery County’s denial of the petition on the merits.
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
Tag: mandamus action
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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