Petrone v. Hampton Township Council
Petrone v. Hampton Township Council
Opinion of the Court
Opinion by
Guy Petrone (Appellant) appeals here from a determination of the Court of Common Pleas of Allegheny County that his zoning appeal should be quashed because of his failure to post bond.
The Appellant, a landowner in the Township of Hampton, filed a zoning appeal contesting the validity of Ordinance No. 195
The sole legal issue presented here is whether or not the law requires the posting of bond in a zoning appeal involving procedural questions as to the validity of a second class township zoning ordinance. Prior to 1972, the filing of a bond was a condition precedent to such an appeal under Section 702 of the Code, 53 P.S. §65741. However, appeals claiming a defect in the process of enactment of a zoning ordinance for all municipalities except Pittsburgh and Philadelphia,
We conclude, therefore, that the Appellant’s zoning appeal should not have been quashed, that the court below, having committed an error of law must be reversed, and that this case must be remanded for proceedings on the merits.
Order
And Now, this 6th day of February, 1978, we hereby reverse the order of the Court of Common Pleas of Allegheny County and order that this case be remanded for proceedings on the merits.
Hampton TownsMp, Pa., Ordinance 195 (1976).
Act of June 1, 1972, P.L. 333, 53 P.S. §11003, which provides as follows:
Validity of ordinance; procedural questions
Questions of an alleged defect in the process of enactment or adoption of any ordinance or map shall be raised by an appeal taken directly from the action of the governing body to the court filed not later than thirty days from the effective date of the ordinance or map.
Section 702 of The Second Class Township Code, Act of May 1, 1933, P.L. 103, as amended, added by Act of April 27, 1945, P.L. 319, §1, as amended, 53 P.S. §65741, provides as follows:
Any person aggrieved may, within thirty days after any ordinance or resolution takes effect, make complaint as to the legality of such ordinance or resolution to the court of common pleas upon entering into recognizance with sufficient surety to prosecute the same wdth effect, and for the payment of costs.
Sections 105 and 107 of the MPC, 53 P.S. §§10105, 10107, exclude cities of the first and second class, which are Philadelphia and Pittsburgh.
See Footnote 2. However, a lower court may require a bond under Sections 916 and 1008(4) of the MPC, 53 P.S. §§10916, 11008 (4), in land development appeals, situations not relevant here.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.