In an action brought under section 3306 (relating to civil actions), the court may do any of the following:
(1) If the court determines that the local government enacted or enforced a local ordinance with willful or reckless disregard of the MPC, this chapter or Chapter 32 (relating to development), it may order the local government to pay the plaintiff reasonable attorney fees and other reasonable costs incurred by the plaintiff in connection with the action.
(2) If the court determines that the action brought by the plaintiff was frivolous or was brought without substantial justification in claiming that the local ordinance in question was contrary to the MPC, this chapter or Chapter 32, it may order the plaintiff to pay the local government reasonable attorney fees and other reasonable costs incurred by the local government in defending the action.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 33 - Local Ordinances Relating to Oil and Gas Operations
Section 3302 - Oil and gas operations regulated pursuant to Chapter 32
Section 3303 - Oil and gas operations regulated by environmental acts
Section 3304 - Uniformity of local ordinances