The Pennsylvania Supreme Court ruled this week that it will not hear a Kidder Township appeal over the enforcement of zoning regulations for a three-story, single-family home in the municipality.

Pennsylvania’s Commonwealth Court ruled in June that Kidder can’t enforce an ordinance against builder McLogie Properties Inc. because it did not properly inform them of needed approvals before issuing a certificate of occupancy.

According to court documents, McLogie Properties bought a lot in Kidder Township in 2019 and was issued a building permit for a residence, which originally required no zoning relief.

After construction was underway, however, McLogie discovered that the foundation’s front elevation was approximately 11 feet lower than what had been portrayed in its original plans.

Adjustments were made to the construction plans, leading to a dispute over the need for additional zoning approvals. The township initially approved the revised plans, but almost a year later, an enforcement notice was issued, claiming the property was “not in compliance.”

McLogie contends that township personnel “inspected the home multiple times while it was being built and then issued a certificate of occupancy in July 2020.”

Cindy Norato, the township’s zoning officer, said she did not learn of the revised plan until September 2020, according to court documents. She issued a citation based on the township’s zoning ordinance, which limits the maximum height of all buildings on lots zoned R2 residential, like the McLogie property to “no more than 35 feet and 3 stories. With an added basement, the building exceeded both the height limit and the maximum number of stories.”

McLogie appealed the enforcement notice to Kidder’s zoning hearing board and also sought a variance for the home as already constructed. The board denied both requests.

In an appeal of the zoning hearing board decision to the Commonwealth Court, McLogie argued that it, “reasonably relied on the township’s actions, including inspections and the issuance of an occupancy permit, assuming that all necessary statutory and regulatory duties had been fulfilled.”

The Commonwealth Court sided with McLogie.

“The township did not revoke the building permit, which it should have done if it believed zoning relief was required in connection with the building plan change shown in the new plan,” Judge Christine Fizzano Cannon wrote in her order. “Instead, the township allowed McLogie to continue to build under the prior building permit over the next nine months. The township inspected the property multiple times while it was being built. The township issued a certificate of occupancy for the property in July 2020, indicating that the property was in compliance with township codes and ready for use.”