Legal Question in Real Estate Law in Pennsylvania
Options against township inaction
Hi,
We have a situation where a business in our neighborhood has become a big factor in devaluing our property and quility of life. It appears the township supervisors have known this business was operating as a use not allowed by the village center zoning district of the neighborhood for many years and never acted to stop it. (Contractors storage and offices as well as tool repair) were uses not allowed. The business was in operation on a very small scale when we bought our home 17 years ago. It has since grown about 800% from what is was then. Until recently we figured the business must have had some variance or conditional use permits to operate. It turns out upon investigation that it does not. The township solicitor and zoning officer met privatly with us recently. The solicitor said the board of supervisors do not want to shut him down. He mentioned him having vested rights. Not only that, but they have no township ordinances to limit the number of employees, vehicles, or equipment he owns. Or the hours that are worked. There was a cease and desist issued against it in 1993 for the tool repair being done there. It was never enforced. Is there anything we can do if the township will not enforce the zoning code?
1 Answer from Attorneys
Re: Options against township inaction
There are civil courses you can persue against both the business owner and the town.
The first thing you must do is gain the support of the similarly situated parties. Those include folks withproperties in that neighborhood that are also affected by the business. you will also need to secure a source of funds to pursue this matter. The fight may be quick but could be longer.
The first course of action would be to present a united front and demand action by the local authority. If that fails there is a civil action called "mandamus" which is basically a court order instructing a public authority to excercise its authority in an appropriate manner.
There are a number of options for the town to pursue including trying to authorize the business owner's operation. But if one stands tough it is possible to prevail.
Also you could proceed against the business owner seeking to enjoin the unlawful activity and also seeking provable monetary damages.
You should contact a local property use attorney who may be able to help you. It is preferable to hire an attorney within your county. You may need to go one or even two counties over to find an attorney who will pursue an action against a local authority. This is because this is an adverse action and an attorney will be concerned about negative repercussions in his/her future business dealings.
Regards,
Roger Traversa
email: [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
