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                                                      PRINTER'S NO. 1673

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
           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,
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     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
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     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
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     1     element of proof in paragraph (3)(i) is established.
     2     Section 3.  This act shall take effect immediately.



















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