Siegmond v. Duschak

In Siegmond v. Duschak, 714 A.2d 489 (Pa. Cmwlth. 1998), the Duschaks applied for and received a building permit to repair the roof of their garage and to add a deck to the garage. The Duschaks then proceeded to construct a second floor above the garage. The Siegmonds filed a complaint in equity seeking enforcement of the ordinance against the Duschaks. The Court determined that the Siegmonds had a cause of action under Section 617 of the MPC because "the Duschaks' ordinance violation resulted in increased noise and activity, as well as a loss of privacy to the Siegmonds. Such effects are sufficient to establish that the Siegmonds were substantially affected by the ordinance violation." Id.