Mountain Village v. Board of Supervisors of Longswamp Township

Summary

The Supreme Court of Pennsylvania held that a township could not assess its solicitor’s legal fees against a developer as subdivision and land development plan review fees under Section 503 of the Pennsylvania Municipalities Planning Code. The court interpreted the statutory references to professional consultants and engineers as covering scientific professionals who review plats and surveys, rather than municipal attorneys. The court affirmed the Commonwealth Court’s reversal and remand for summary judgment in favor of Mountain Village.

Holdings

1. Section 503 did not authorize Longswamp Township to pass its solicitor's legal fees for reviewing the development plans on to Mountain Village.
2. Summary judgment was proper for Mountain Village because the material facts were undisputed and the Township was not legally entitled to recover its solicitor's fees.

Questions Presented

1. Whether Section 503 of the Pennsylvania Municipalities Planning Code authorized Longswamp Township to assess its solicitor's legal fees against a land-development applicant as review fees.
2. Whether the statutory term "professional consultant" included the Township solicitor for purposes of Section 503.
3. Whether the Township was entitled to summary judgment on the fee dispute.

Disposition

affirmed