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Commonwealth v. Theodorou

Dismissal of summary criminal conviction for violation of zoning ordinance affirmed because the Township engineer who issued the criminal citation was not vested by the Board of Supervisors with the authority to institute summary criminal proceedings.

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Submitted: October 30, 2000

The Commonwealth of Pennsylvania (Commonwealth), through the Lawrence County District Attorney’s Office, appeals from the Order of the Court of Common Pleas of Lawrence County (trial court) granting George Theodorou’s (Defendant) Motion to Dismiss a Summary Criminal Conviction for violation of a zoning ordinance. *fn1 For the reasons contained herein, we affirm the trial court.

James Taylor (Taylor) is the managing partner of an engineering firm appointed by Neshannock Township (Township) as Township engineer. On or about December 23, 1998, Mr. Taylor issued a citation against Defendant for violating the storm water management ordinance of the Township. Before a District Justice, Defendant was found guilty of a summary violation and ordered to pay a $1,000 fine plus costs. Defendant appealed to the trial court, contending, inter alia, that Mr. Taylor had no authority to issue the citation.

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