Appellate Procedure

Pennypacker v. Ferguson Twp.

The Pennsylvania Municipalities Planning Code (MPC) permits planned residential developments (PRD) as a means of “approving large developments which override[ ] traditional zoning controls and permit[ ] the introduction of flexibility into the design of larger developments." Appeals from final plan approval of a PRD where an appeal from tentative plan approval was not taken are generally prohibited. When appealing, appellant must state the grounds for appeal in the notice of appeal and unstated claims are waived.

Pennypacker v. Ferguson Twp., 167 A.3d 209 (Pa. Commw. Ct. 2017)

Date of Decision: 5/17/17


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Pendle Hill v. Zoning Hearing Bd. of Nether Providence Twp

Petitions to intervene after entry of a decree may be approved in extraordinary circumstances. In addition, “extraordinary circumstances” refers to an oversight or action on the part of the court or where the judicial process results in the losing party’s lack of knowledge of the entry of final judgment, so that the commencement of the running of the appeal time is not known to the party.

Pendle Hill v. Zoning Hearing Bd. of Nether Providence Twp., 134 A.3d 1187 (Pa. Commw. Ct. 2016)

Date of Decision: 3/10/16


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Thompson v. Zoning Hearing Bd. (2009)

Applicant waived its right to challenge an objector's standing on appeal where the applicant failed to challenge the objector's standing before the zoning hearing board.

Thompson v. Zoning Hearing Bd., 963 A.2d 622 (Pa. Commw. Ct. 2009).


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Ulsh v. Zoning Hearing Bd. (2011)

Doctrine of collateral estoppel applied in appeal of variance where the trial court previously ruled upon a similar variance application for the same property.

Ulsh v. Zoning Hearing Bd., 22 A.3d 244 (Pa. Commw. Ct. 2011).


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Bartkowski Inv. Group v. Bd. of Comm’rs of Marple Twp. (2011)

Renumbering of section numbers from time of advertisement to time of adoption does not violate due process rights. Failure to record an ordinance in the ordinance book within the statutorily required time period renders the ordinance ineffective, but not invalid.

Bartkowski Inv. Group v. Bd. of Comm’rs of Marple Twp., 18 A.3d 1259 (Pa. Commw. Ct. 2011).


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DeSantis v. Zoning Hearing Bd. (2012)

When reviewing a deemed approval, the trial court must not conduct appellate review; rather, de novo review is required and the trial court must make its own findings.

DeSantis v. Zoning Hearing Bd., 53 A.3d 959 (Pa. Commw. Ct. 2012)

 

 


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