East Allen Township v. Eberts
East Allen Township v. Eberts
Opinion of the Court
Opinion by
East Allen Township appeals a Northampton County Common Pleas Court decision which allows Earl F. and Sarah E. Eberts (Appellees) to construct a home in accordance with the amended plot plan attached to their Zoning Hearing Board appeal and not the original plan appended to their building and zoning permit application.
The facts are clear. The Zoning Administrator of East Allen Township denied the application based upon an original plan, while the Zoning Hearing Board denied the appeal based upon an amended plan at
The Township argues here that our post-default judgment review requires an order supporting the issuance of a permit in accordance with the original plan. Though we may question whether the lower court properly interpreted the prior default judgment order as contemplating the amended plan, the alleged ambiguity in the record could have found resolution below either before or following the entrance of judgment. The appellees ’ appeals to both the Zoning Hearing Board and the common pleas court, based on the same amended plan, served notice on the Township that there was a discrepancy. However, no appeal was taken, no motion to open the judgment was filed, and no objection was lodged until well after judgment. In these circumstances, we can only conclude that the Township failed to exercise due diligence in bringing this action. See Tilghman v. Commonwealth of Pennsylvania, 27 Pa. Commonwealth Ct. 484, 366 A.2d 966
Order affirmed.
Order
And Now, Angnst 22, 1980, the order of the Northampton County Common Pleas Conrt, dated May 14, 1979, dismissing the Township’s Complaint in Equity with prejudice, is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.