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COMMONWEALTH PENNSYLVANIA v. EDWARD H. FISHER (01/16/76)

decided: January 16, 1976.

COMMONWEALTH OF PENNSYLVANIA
v.
EDWARD H. FISHER, APPELLANT



Appeal from the Order of the Court of Common Pleas of Lycoming County in case of Commonwealth of Pennsylvania v. Edward H. Fisher, No. 74-10,493.

COUNSEL

L. Waldo Herritt, for appellant.

Charles E. Zaleski, with him Shearer, Mette & Woodside, and George L. Orwig, II, Assistant County Solicitor, for appellee.

Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 23 Pa. Commw. Page 26]

Appellant, Edward H. Fisher, was convicted on November 12, 1974 of violating the Lycoming County Subdivision and Land Development Ordinance (Ordinance), a misdemeanor. He appeals to this Court from the orders of the Court of Common Pleas of Lycoming County finding him guilty and sentencing him to pay a fine of $200 and the costs of prosecution. He alleges that

[ 23 Pa. Commw. Page 27]

    the Ordinance is unconstitutional under both the United States and Pennsylvania Constitutions. He further alleges that the lower court erred in interpreting the Ordinance in such a fashion as to prohibit his actions in transferring a portion of his property.

The Ordinance in question reads in pertinent part:

"9.04 SANCTIONS

Any person, partnership, or corporation who or which being the owner, or agent of the owner of any lot, tract or parcel of land . . . sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development whether by reference to or by other use of a plat of such subdivision or land development or otherwise, or erects any building thereon, unless and until a final plat has been prepared in full compliance with the provisions of this act and of the regulations adopted hereunder and has been recorded as provided herein, shall be guilty of a misdemeanor, and upon conviction thereof, such person, or the members of such partnership, or the officers of such corporation, or the agent of any of them, responsible for such violation shall pay a fine not exceeding one thousand dollars ($1000) per lot or parcel or per dwelling within each lot or parcel." (Emphasis added.)

This Ordinance is substantially the same as the enabling legislation, Section 515 of the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, ...


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