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Key Topic: Municipal Procedure

Revocation of Building Permit Obtained by Misrepresentation. Enforcement Notice Requirements Under MPC 616.1 Not Required.

Elotron v. Zoning Hearing Board of the City of Aliquippa, 729 A 2d. 149 (1999).
Note: Appeal Denied

Cross Reference: MPC Section 616.1

MPC 616.1 governs the procedure by which zoning enforcement proceedings are to be prosecuted. Subsection (c) requires the issuance of an "enforcement notice" which contains specifics of the alleged violation and provides a time in which the recipient must come into compliance or appeal to the zoning hearing board to avoid prosecution.

This case examines the applicability of MPC 616.1 to the revocation of a building permit allegedly issued as the result of misrepresentation by the applicant. The majority opinion holds that compliance with 616.1 is not required prior to revocation of a permit initially issued on the basis of misrepresentation. The holding concludes that the applicant acquired no right to use or occupy the property because of the misrepresentation concerning the nature of the proposed use and the status of the zoning of the subject property. The court concluded that if the applicant had no legal rights in a permit obtained by false and misleading information, no enforcement notice under MPC 616.1 was necessary.

The dissenting opinion provides an interesting analysis of statutory construction and, finding no substantial evidence of misrepresentation, concludes that MPC 616.1 did apply.

 

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