Can I sue my neighbor for violating a zoning ordinance?
If your neighbor is violating a zoning ordinance and the township is unwilling to do anything about it, can you bring a private suit? You might think the answer is obvious, but it’s not. A public law does not always allow private parties to sue. But in Pennsylvania, under some circumstances, you can bring a lawsuit to enforce a zoning ordinance if you can prove standing under Pennsylvania’s traditional three-part standing test.
The Municipal Planning Code empowers a private cause of action.
The Municipal Planning Code (commonly called the MPC) is Pennsylvania’s comprehensive scheme for municipal planning and land development. The MPC is found in Title 53 of Pennsylvania’s statutes. The enforcement statute in § 10617 provides that it may be enforced by “the governing body or, with the approval of the governing body, an officer of the municipality, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation.”
Our appellate courts have held that individuals may therefore bring private causes of action where they give 30 days’ notice to the township or borough of their proposed cause of action, and where they can show they are “substantially affected.”
Moreover, the property owner or tenant affected may institute any appropriate actions to prevent, restrain, correct, or abate the building or structure. Finally, the statute mentions that when an action is implemented by the property owner or tenant, notice must be served on the municipality within 30 days prior to the time the action begun, as no action may be maintained until the municipality or governing body has been given notice.
An Example from Pennsylvania Courts
For example, in Smith v. Ivy Lee Real Estate, LLC, the court held that under the plain language of 53 P.S. § 10617, a private cause of action is permitted to enforce an alleged ordinance violation under the Municipal Planning Code. The Smith Family owned an adjacent property to Ivy Lee Real Estate, LLC in Blair County, Pennsylvania within Taylor Township. In 2015, Ivy Lee began land development projects on its property, but it did not complete or submit its land development plan as required under the Taylor Township Subdivision and Land Development Ordinance (SALDO). The Smith Family sued, seeking a permanent injunction against Ivy Lee, unless it complied and completed with the SALDO. The Smith Family believed that it could bring a private action against Ivy Lee, especially because Taylor Township has refused to enforce the SALDO in these circumstances.
The trial court held that the Smith Family did not have standing to enforce the SALDO, because 53 P.S. § 10617 only permits a private cause of action for zoning violations. The trial court determined that the SALDO was not a zoning ordinance. The Commonwealth Court reversed, stating that when taking the language of the Pennsylvania MPC and 53 P.S. § 10617, the private cause of action is not limited to zoning ordinances by anything under the MPC. Therefore, the court held that the language of the MPC and the statute permitted the Smith Family from bringing a private cause of action against Ivy Lee for violating SALDO.
Are there other causes of action that are better to bring?
If you’re being harmed by the actions of a neighbor who isn’t following zoning laws, it’s important to consider whether their actions might give rise to a different type of lawsuit. For example, are their actions creating a “private nuisance” under Pennsylvania law? If so, that cause of action might suit you better.
If a neighbor’s actions have caused stormwater to drain onto your land, or if their moving of earth has created a failure of subsistence on your property, you have a cause of action regardless of any zoning problems. And of course, trespass may apply in some circumstances.
In short, if your neighbor’s actions violate zoning, they may also violate your private rights in a different way. This is why it’s important to talk over your situation with a knowledgeable attorney who can walk you through the rules on zoning, private causes of action and how neighbors can require compliance with applicable law.
Is it better to pursue a political solution?
Lawsuits are one way to approach a problem, but you should also consider advocating with your zoning officer and township board. If the township or borough you live in are willing to take action, they often have more power and options than you do. Consider advocating with your local leaders first and seeing if they will take a position or mediate the dispute.
Conclusion: Call Cornerstone Law Firm today
If you’re facing a problem with a neighbor violating a zoning ordinance and it’s affecting you negatively, call Cornerstone Law Firm to talk with one of our litigation attorneys. Our attorneys can help you to consider your options and whether to bring a private suit. There are a number of procedural checkboxes you need to consider before filing suit, and our attorneys can help you consider the best course of action. Call us today.