Lower Mount Bethel Township v. North River Co.
2012 Pa. Commw. LEXIS 33
| Pa. Commw. Ct. | 2012Background
- North River owns 4650 N. Delaware Drive, Easton, PA; Sabella is an officer, shareholder, and agent of North River.
- North River operated a coffee shop on the Property within agricultural and conservation overlay districts where such use is not permitted.
- North River began constructing a porch and deck without a permit in Sept. 2005; stop-work order issued Jan. 5, 2006.
- May 18, 2006 ZHB granted a variance to operate with conditions, including Township inspection, which North River did not permit.
- Township issued a zoning enforcement notice Feb. 7, 2007; MDJ entered a small fines/fees judgment on July 24, 2007.
- Trial court granted Township’s judgment on the pleadings Apr. 8, 2010 and later awarded $31,854.05 in attorney fees; Sabella’s petition to intervene denied prior to appeal, and this court affirmed all orders on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Intervention of Sabella allowed? | Sabella could have been joined or affected interests. | Sabella’s interests were adequately represented by North River. | Sabella denied; no right to intervene |
| Judgment on pleadings proper? | Enforcement notice unappealable due to no ZHB appeal. | Violation notice unassailable; standard for judgment on pleadings met. | Trial court affirmed judgment on pleadings |
| Attorney fees under MPC 617.2 proper scope? | Fees relate to violation and related proceedings including appeals. | Fees beyond violation or not properly documented improper. | Fees awarded for all related actions including appeals, affirmed |
| Imprisonment as remedy; interplay of 1161 and 617.2? | Sabella faced imprisonment for failure to pay fines. | Imprisonment not available under 617.2; 1161 repealed implicitly. | Imprisonment not authorized; 1161 implicitly repealed |
Key Cases Cited
- Township of Penn v. Seymour, 708 A.2d 861 (Pa.Cmwlth.1998) (enforcement civilizes MPC process; imprisonment not progress)
- Atlantic Inland, Inc. v. Township of Bensalem, 39 Pa.Cmwlth. 180 (Pa.Cmwlth.1978) (voluntary cessation does not moot damages/issues)
- Borough of Bradford Woods v. Platts, 799 A.2d 984 (Pa.Cmwlth.2002) (attorney fees recoverable for violation-related work including appeals)
- Mountain View Condominium Association v. Bomersbach, 734 A.2d 468 (Pa.Cmwlth.1999) (full amount of statutorily entitled attorney fees may be recovered in trench warfare)
- Pfister v. City of Philadelphia, 963 A.2d 593 (Pa.Cmwlth.2009) (standard for judgment on the pleadings; right to succeed must be certain)
- Sherrill v. Workmen’s Compensation Appeal Board (School District of Philadelphia), 154 Pa.Cmwlth.492 (Pa.Cmwlth.1993) (judicial admissions bind party's position)