Woodward Township v. Zerbe

DISSENTING OPINION BY

Judge McGINLEY.

I respectfully dissent to the majority’s conclusion that the trial court did not abuse its discretion when it denied the Township’s Complaint to Enforce Compliance of Building Permit Violation wherein the Township requested the trial court to direct the Zerbes to remove the solid walls constructed on the elevated portion of the structure.

Admittedly, this is an unusual controversy. I agree with the majority that Section 617 of the MPC does not obligate the trial court to grant whatever form of relief a municipality requests. However, I disagree with the…