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KEY TOPICS: APPELLATE PROCEDURE, ENFORCEMENT NOTICE APPEAL
Hartner v. ZHB of Upper St. Clair Township and Township of Upper St. Clair, (Pa. Cmwlth. 2002), 840 A.2d 1068 (2002)
The Commonwealth Court agreed with the trial court’s reasoning that the Zoning Hearing Board of Upper St. Clair Township had committed an error of law because it did not present its evidence first during an appeal of an enforcement notice to the ZHB pursuant to Section 616.1(d) of the MPC. The court stated that a municipality cannot meet its burden in an enforcement proceeding merely by setting forth the relevant procedural history and establishing the content of the relevant zoning provisions without presenting any evidence that those provision were violated.
The court did not agree with the trial court’s remedy and stated that correct remedy was a remand for a new hearing.
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