PRINTER'S NO. 1673
No. 1330 Session of 2007
INTRODUCED BY KESSLER, FREEMAN, SAYLOR, BRENNAN, CARROLL, CREIGHTON, CURRY, EVERETT, FLECK, GALLOWAY, GERBER, GRUCELA, HARPER, HENNESSEY, KING, KORTZ, KULA, LEACH, LENTZ, LONGIETTI, MACKERETH, MELIO, MOYER, O'NEILL, SEIP, K. SMITH AND WATSON, MAY 24, 2007
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 24, 2007
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, further providing for 3 appeal from ordinances, resolutions, maps, etc. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 5571 of Title 42 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 5571. Appeals generally. 9 (a) General rule.--The time for filing an appeal, a petition 10 for allowance of appeal, a petition for permission to appeal or 11 a petition for review of a quasi-judicial order, in the Supreme 12 Court, the Superior Court or the Commonwealth Court shall be 13 governed by general rules. No other provision of this subchapter 14 shall be applicable to matters subject to this subsection. 15 (b) Other courts.--Except as otherwise provided in 16 subsections (a) and (c) and in section 5571.1 (relating to 17 appeals from ordinances, resolutions, maps, etc.), an appeal
1 from a tribunal or other government unit to a court or from a 2 court to an appellate court must be commenced within 30 days 3 after the entry of the order from which the appeal is taken, in 4 the case of an interlocutory or final order. 5 (c) Exceptions.-- 6 (1) Election cases.--The time for appeal from an order 7 in any matter arising under the act of June 3, 1937 8 (P.L.1333, No.320), known as the "Pennsylvania Election 9 Code," or any other statute relating to registration or 10 elections shall, if such statutes provide for a lesser time 11 for appeal, be governed by the appropriate provision of such 12 statutes. 13 (2) Financing cases.--The time for appeal from an order 14 in any matter arising under the act of July 12, 1972 15 (P.L.781, No.185), known as the "Local Government Unit Debt 16 Act," or any other statute relating to the incurring of debt 17 by a government unit, shall if such statutes provide for a 18 lesser time for appeal, be governed by the appropriate 19 provision of such statutes. 20 (3) Probate matters.--The time for appeal from an order 21 of a register of wills under Title 20 (relating to decedents, 22 estates and fiduciaries) shall, if such statute provides a 23 greater time for appeal, be governed by the appropriate 24 provision of such statute. 25 (4) Execution matters.--The time for appeal from an 26 order of any system or related personnel entered in 27 connection with enforcement of attachments, judgments or 28 similar process or orders shall be governed by general rule. 29 [(5) Ordinances, resolutions, maps, etc.-- 30 Notwithstanding section 909.1(a)(2) of the act of July 31, 20070H1330B1673 - 2 -
1 1968 (P.L.805, No.247), known as the Pennsylvania 2 Municipalities Planning Code, questions relating to an 3 alleged defect in the process of enactment or adoption of any 4 ordinance, resolution, map or similar action of a political 5 subdivision, including appeals and challenges to the validity 6 of land use ordinances adopted pursuant to the Pennsylvania 7 Municipalities Planning Code, shall be raised by appeal or 8 challenge commenced within 30 days after the intended 9 effective date of the ordinance, resolution, map or similar 10 action. As used in this paragraph, the term "intended 11 effective date" means the effective date specified in the 12 ordinance, resolution, map or similar action or, if no 13 effective date is specified, the date 60 days after the date 14 the ordinance, resolution, map or similar action was finally 15 adopted but for the alleged defect in the process of 16 enactment or adoption.] 17 (6) Implied determinations.--When pursuant to law a 18 determination is deemed to have been made by reason of the 19 expiration of a specified period of time after submission of 20 a matter to a tribunal or other government unit or after 21 another prior event, any person affected may treat the 22 expiration of such period as equivalent to the entry of an 23 order for purposes of appeal and any person affected shall so 24 treat the expiration of the period where the person has 25 actual knowledge (other than knowledge of the mere lapse of 26 time) that an implied determination has occurred. 27 (d) Interlocutory appeals.--A petition for permission to 28 appeal from an interlocutory order must be filed within 30 days 29 after its entry. 30 (e) Action following grant of permission to appeal.--The 20070H1330B1673 - 3 -
1 period limited by this section is tolled by the filing of a 2 petition for permission to appeal. If the petition is granted 3 further proceedings in the matter, including any time 4 limitations, shall be governed by general rules or rules of 5 court, and not by the provisions of subsections (b) through (d). 6 (f) Cross appeals.--An appellee may be permitted by general 7 rules or rules of court to take an appeal within the time 8 limited by rule from an order from which another party has taken 9 a timely appeal, notwithstanding the fact that the time 10 otherwise limited by this section has expired. 11 Section 2. Title 42 is amended by adding a section to read: 12 § 5571.1. Appeals from ordinances, resolutions, maps, etc. 13 (a) General rule.-- 14 (1) Questions relating to an alleged defect in the 15 process of enactment or adoption of an ordinance, resolution, 16 map or similar action of a political subdivision may, at any 17 time, be raised by appeal. 18 (2) An appeal pursuant to this section shall be to the 19 court of common pleas. 20 (b) Presumption, burdens, etc.--Notwithstanding any other 21 provision of law, an appeal pursuant to this section shall be 22 subject to and in accordance with the following: 23 (1) An ordinance, resolution, map or similar action of a 24 political subdivision shall be presumed to be valid and to 25 have been enacted or adopted in strict compliance with 26 statutory procedural requirements. 27 (2) Notwithstanding any other provision of law and 28 except as provided in paragraph (3), a defect in the process 29 of enactment or adoption of an ordinance, resolution, map or 30 similar action of a political subdivision shall not 20070H1330B1673 - 4 -
1 invalidate it or render it void. 2 (3) To invalidate or render void an ordinance, 3 resolution, map or similar action of a political subdivision, 4 pursuant to an appeal, the party alleging the defect in the 5 process of enactment or adoption shall have the burden of 6 proving the following: 7 (i) that there was a failure to strictly comply with 8 statutory procedural requirements; and 9 (ii) that as a result of this failure the public did 10 not have sufficient notification of impending changes in 11 the law so that the public generally could comment on 12 those changes and intervene if necessary. 13 (4) In an appeal taken more than two years after the 14 governing body of the political subdivision has voted to 15 finally adopt or enact an ordinance, resolution, map or 16 similar action, the ordinance, resolution, map or similar 17 action shall not be invalidated or rendered void unless the 18 proof required in paragraph (3) is established by clear and 19 convincing evidence. 20 (5) Proof of public acquiescence in and reliance on the 21 ordinance, resolution, map or similar action of a political 22 subdivision shall create an irrebuttable presumption that the 23 public did have sufficient notification of impending changes 24 in the law so that the public generally could comment on 25 those changes and intervene if necessary. 26 (6) In an appeal taken not more than 60 days after the 27 governing body of the political subdivision has voted to 28 finally adopt or enact an ordinance, resolution, map or 29 similar action, the prospective enforcement of the ordinance, 30 resolution, map or similar action may be enjoined if the 20070H1330B1673 - 5 -
1 element of proof in paragraph (3)(i) is established.
2 Section 3. This act shall take effect immediately.
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