(Download) "Lower Frederick Township v. Curtis Clemmer and June v. Clemmer His Wife" by Supreme Court of Pennsylvania # Book PDF Kindle ePub Free
eBook details
- Title: Lower Frederick Township v. Curtis Clemmer and June v. Clemmer His Wife
- Author : Supreme Court of Pennsylvania
- Release Date : January 20, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
Appellant Lower Frederick Township (Township) appeals from an order of the Commonwealth Court reversing a decree of the Common Pleas Court of Montgomery County that directed appellees, Curtis Clemmer, June V. Clemmer (Clemmers) and Dawn Lenore Kratz to demolish and remove a building on their property, and ordered the Clemmers to pay the sum of $36,000 as damages, fine and civil penalty for violations of municipal ordinances. The Township raises three principal questions: (1) whether the appellee, Dawn Lenore Kratz, was properly joined as an additional defendant and therefore, within the jurisdiction of the court; (2) whether the lower court order directing appellees to demolish the "residential structure" under construction on their property was within the power of the court to order; and (3) whether a court sitting in equity may impose damages, fine and penalty for violations of municipal ordinances. The Commonwealth Court held that Dawn Lenore Kratz was not properly joined; that the lower court did not have the authority to order the residential shell demolished; and that the lower court lacked the authority to impose damages, fine and civil penalty for local ordinance violations. 101 Pa. Commw. 341, 516 A.2d 412. We disagree with the conclusions of the Commonwealth Court; therefore, we reverse.
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