I filed a private action to enforce zoning violations. My client's neighbor has numerous violations of the County Zoning Ordinance. Because of political reasons the County would not enforce. I filed a Complaint pursuant to 53 PS 10617. After many hearings the lower court found in my favor and issued an Order requiring the Defendant to perform certain actions. Needless to say he didn't. I then filed a Petition for Contempt and Enforcement of the Order. After another series of hearings, the Court issued another Order directing the Defendant to comply with the County Zoning Ordinance. The Order also provided that the Court could issue penalties if the D did not comply. The D did not comply with this Order, so I filed a Petition for Rule to Show Cause as to why the Court should not enforce the Order. Again another hearing. After the hearing the Judge asked me what relief I was seeking. I said "shut the business down" Judge responded he didn't want to do that. I then argued the Judge could apply the penalty provisions of his prior Order. Judge then opines he is bound to apply the penalty provisions of the Zoning Ordinance. I responded that if he did two things would occur: 1. If he had authority to impose the fines these would enure to the benefit of the County who would not enforce the Ordinance and 2. the D would continue to operate his business and my clients would get no relief. Judge now wants me to provide him with a proposed Order. My position has been that the Judge is not enforcing the zoning ordinance but should penalize the D for failing to comply with his Order. As an aside the Judge has indicated he does not want to go in his words the "Contempt Part" I am at a loss on what to do. Any suggestions would be appreciated Thank You Les Mlakar -- Leslie J. Mlakar, Esquire *Avolio Law Group, LLC* 117 N. Main St. Greensburg, PA 15601 (724) 834-6040 (ext. 107)