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        PRIOR PRINTER'S NOS. 1673, 2148               PRINTER'S NO. 2262

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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,
           WATSON, MENSCH AND CALTAGIRONE, MAY 24, 2007

        AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
           JULY 7, 2007

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, further providing for
     3     appeals generally and for appeals from ordinances,
     4     resolutions, maps, etc.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 5571 of Title 42 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 5571.  Appeals generally.
    10     (a)  General rule.--The time for filing an appeal, a petition
    11  for allowance of appeal, a petition for permission to appeal or
    12  a petition for review of a quasi-judicial order, in the Supreme
    13  Court, the Superior Court or the Commonwealth Court shall be
    14  governed by general rules. No other provision of this subchapter
    15  shall be applicable to matters subject to this subsection.
    16     (b)  Other courts.--Except as otherwise provided in
    17  subsections (a) and (c) and in section 5571.1 (relating to

     1  appeals from ordinances, resolutions, maps, etc.), an appeal
     2  from a tribunal or other government unit to a court or from a
     3  court to an appellate court must be commenced within 30 days
     4  after the entry of the order from which the appeal is taken, in
     5  the case of an interlocutory or final order.
     6     (c)  Exceptions.--
     7         (1)  Election cases.--The time for appeal from an order
     8     in any matter arising under the act of June 3, 1937
     9     (P.L.1333, No.320), known as the "Pennsylvania Election
    10     Code," or any other statute relating to registration or
    11     elections shall, if such statutes provide for a lesser time
    12     for appeal, be governed by the appropriate provision of such
    13     statutes.
    14         (2)  Financing cases.--The time for appeal from an order
    15     in any matter arising under the act of July 12, 1972
    16     (P.L.781, No.185), known as the "Local Government Unit Debt
    17     Act," or any other statute relating to the incurring of debt
    18     by a government unit, shall if such statutes provide for a
    19     lesser time for appeal, be governed by the appropriate
    20     provision of such statutes.
    21         (3)  Probate matters.--The time for appeal from an order
    22     of a register of wills under Title 20 (relating to decedents,
    23     estates and fiduciaries) shall, if such statute provides a
    24     greater time for appeal, be governed by the appropriate
    25     provision of such statute.
    26         (4)  Execution matters.--The time for appeal from an
    27     order of any system or related personnel entered in
    28     connection with enforcement of attachments, judgments or
    29     similar process or orders shall be governed by general rule.
    30         [(5)  Ordinances, resolutions, maps, etc.--
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     1     Notwithstanding section 909.1(a)(2) of the act of July 31,
     2     1968 (P.L.805, No.247), known as the Pennsylvania
     3     Municipalities Planning Code, questions relating to an
     4     alleged defect in the process of enactment or adoption of any
     5     ordinance, resolution, map or similar action of a political
     6     subdivision, including appeals and challenges to the validity
     7     of land use ordinances adopted pursuant to the Pennsylvania
     8     Municipalities Planning Code, shall be raised by appeal or
     9     challenge commenced within 30 days after the intended
    10     effective date of the ordinance, resolution, map or similar
    11     action. As used in this paragraph, the term "intended
    12     effective date" means the effective date specified in the
    13     ordinance, resolution, map or similar action or, if no
    14     effective date is specified, the date 60 days after the date
    15     the ordinance, resolution, map or similar action was finally
    16     adopted but for the alleged defect in the process of
    17     enactment or adoption.]
    18         (6)  Implied determinations.--When pursuant to law a
    19     determination is deemed to have been made by reason of the
    20     expiration of a specified period of time after submission of
    21     a matter to a tribunal or other government unit or after
    22     another prior event, any person affected may treat the
    23     expiration of such period as equivalent to the entry of an
    24     order for purposes of appeal and any person affected shall so
    25     treat the expiration of the period where the person has
    26     actual knowledge (other than knowledge of the mere lapse of
    27     time) that an implied determination has occurred.
    28     (d)  Interlocutory appeals.--A petition for permission to
    29  appeal from an interlocutory order must be filed within 30 days
    30  after its entry.
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     1     (e)  Action following grant of permission to appeal.--The
     2  period limited by this section is tolled by the filing of a
     3  petition for permission to appeal. If the petition is granted
     4  further proceedings in the matter, including any time
     5  limitations, shall be governed by general rules or rules of
     6  court, and not by the provisions of subsections (b) through (d).
     7     (f)  Cross appeals.--An appellee may be permitted by general
     8  rules or rules of court to take an appeal within the time
     9  limited by rule from an order from which another party has taken
    10  a timely appeal, notwithstanding the fact that the time
    11  otherwise limited by this section has expired.
    12     Section 2.  Title 42 is amended by adding a section to read:
    13  § 5571.1.  Appeals from ordinances, resolutions, maps, etc.
    14     (a)  Applicability; court of common pleas.--
    15         (1)  This section shall apply to any appeal raising
    16     questions relating to an alleged defect in the process of, or
    17     procedure for, enactment or adoption of any ordinance,
    18     resolution, map or similar action of a political subdivision.
    19         (2)  An appeal pursuant to this section shall be to the
    20     court of common pleas.
    21     (b)  Appeals of defects in statutory procedure.--
    22         (1)  Any appeal raising questions relating to an alleged
    23     defect in statutory procedure shall be brought within 30 days
    24     of the intended effective date of the ordinance.
    25         (2)  Except as provided in subsection (c), it is the
    26     express intent of the General Assembly that this 30-day
    27     limitation shall apply regardless of the ultimate validity of
    28     the challenged ordinance.
    29     (c)  Exemption from limitation.--An appeal shall be exempt
    30  from the time limitation in subsection (b) if the party bringing
    20070H1330B2262                  - 4 -     

     1  the appeal establishes that, because of the particular nature of
     2  the alleged defect in statutory procedure, the application of
     3  the time limitation under subsection (b) would result in an
     4  impermissible deprivation of constitutional rights.
     5     (d)  Presumptions.--Notwithstanding any other provision of
     6  law, appeals pursuant to this section shall be subject to, and
     7  in accordance with, the following:
     8         (1)  An ordinance shall be presumed to be valid and to
     9     have been enacted or adopted in strict compliance with
    10     statutory procedure.
    11         (2)  In all cases in which an appeal filed in court more
    12     than one year after the intended effective date of the
    13     ordinance is allowed to proceed in accordance with subsection
    14     (b) (C), the public and the political subdivision involved     <--
    15     shall be presumed to have substantially relied upon the
    16     validity and effectiveness of the ordinance, as a matter of
    17     law.
    18         (3)  An ordinance shall not be found void from inception
    19     unless the party alleging the defect in statutory procedure
    20     meets the burden of proving the elements set forth in
    21     subsection (e).
    22     (e)  Burden of proof.--Notwithstanding any other provision of
    23  law, an ordinance shall not be found void from inception except
    24  as follows:
    25         (1)  In the case of an appeal brought within the 30-day
    26     time limitation of subsection (b), the party alleging the
    27     defect must meet the burden of proving that there was a
    28     failure to strictly comply with statutory procedure.
    29         (2)  In the case of an appeal which is exempt from the
    30     30-day time limitation in accordance with subsection (c), the
    20070H1330B2262                  - 5 -     

     1     party alleging the defect must meet the burden of proving
     2     each of the following:
     3             (i)  That there was a failure to strictly comply with
     4         statutory procedure.
     5             (ii)  That there was a failure to substantially
     6         comply with statutory procedure which resulted in
     7         insufficient notification to the public of impending
     8         changes in, or the existence of, the law ORDINANCE, so     <--
     9         that the public would be prevented from commenting on
    10         those changes and intervening, if necessary, or from
    11         having knowledge of the existence of the ordinance.
    12             (iii)  That the public and the political subdivision   <--
    13         have not substantially relied upon the validity and
    14         effectiveness of the ordinance.
    15     (f)  Void ordinances.--A determination that an ordinance is
    16  void from inception shall not affect any previously acquired
    17  rights of property owners who have exercised good faith reliance
    18  on the validity of the ordinance prior to the determination.
    19     (g)  Definitions.--As used in this section, the following
    20  words and phrases shall have the meanings given to them in this
    21  subsection:
    22     "Intended effective date."  Notwithstanding the validity of
    23  the challenged ordinance, the effective date specified in the
    24  challenged ordinance or, if no effective date is specified, the
    25  date 60 days after the date the ordinance would have been
    26  finally adopted but for the alleged defect in the process of
    27  enactment or adoption.
    28     "Ordinance."  An ordinance, resolution, map or similar action
    29  of a political subdivision.
    30     "Statutory procedure."  The pre-enactment and postenactment
    20070H1330B2262                  - 6 -     

     1  procedures required by statute in adopting an ordinance.
     2     Section 3.  This act shall take effect immediately.



















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