53 Pa. Stat. § 25985.1

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 25985.1 - Appeals from land use decisions
(a) The procedure set forth in this section shall, notwithstanding any other provision of law, constitute the exclusive mode for securing review of any land use decision rendered pursuant to this act, the act of March 31, 1927 (P.L. 98, No. 69), referred to as the Second Class City Zoning Law, or a local ordinance.
(b) All appeals from all land use decisions rendered pursuant to this act, the Second Class City Zoning Law or a local ordinance shall be taken to the court of common pleas of the judicial district wherein the land is located and shall be filed within thirty days after entry of the decision as provided in 42 Pa.C.S. § 5572 (relating to time of entry of order).
(c) Land use appeals shall be entered as of course by the prothonotary or clerk upon the filing of a land use appeal notice which concisely sets forth the grounds on which the appellant relies. The appeal notice need not be verified. The land use appeal notice shall be accompanied by a true copy thereof.
(d) Upon filing of a land use appeal, the prothonotary or clerk shall forthwith as of course send to the governing body, board or agency whose decision or action has been appealed, by registered mail, the copy of the land use appeal notice, together with a writ of certiorari commanding said governing body, board or agency, within twenty days after receipt thereof, to certify to the court its entire record in the matter in which the land use appeal has been taken, or a true and complete copy thereof, including any transcript of testimony in existence and available to the governing body, board or agency at the time it received the writ of certiorari.
(e) If the appellant is a person other than the landowner of the land directly involved in the decision or action appealed from, the appellant, within seven days after the land use appeal is filed, shall serve a true copy of the land use appeal notice by mailing said notice to the landowner or his attorney at his last known address. For identification of such landowner, the appellant may rely upon the record of the municipality and, in the event of good faith mistakes as to such identity, may make such service nunc pro tunc by leave of court.
(f) Except in the event of an appeal by the municipality, the filing of an appeal in court under this article shall not stay the action appealed from, but the appellant may petition the court having jurisdiction of land use appeals for a stay. If the appellant is a person who is seeking to prevent a use or development of the land of another, whether or not a stay is sought by him, the landowner whose use or development is in question may, except in the event of an appeal by the municipality, petition the court to order the appellant to post bond as a condition to proceeding with the appeal. After the petition for posting a bond is presented, the court shall hold a hearing to determine if the filing of the appeal is frivolous. At the hearing, evidence may be presented on the merits of the case. It shall be the burden of the landowner to prove the appeal is frivolous. After consideration of all evidence presented, if the court determines that the appeal is frivolous, it shall grant the petition for posting a bond. The municipality shall not be required to post a bond. The right to petition the court to order the appellant to post bond may be waived by the appellee, but such waiver may be revoked by him if an appeal is taken from a final decision of the court. The amount of the bond shall be no more than two thousand dollars. An order denying a petition for bond shall be interlocutory. An order directing the respondent to the petition for posting a bond to post a bond shall be interlocutory. If an appeal is taken by a respondent to the petition for posting a bond from an order of the court dismissing a land use appeal for refusal to post a bond, such responding party, upon motion of petitioner and after hearing in the court having jurisdiction of land use appeals, shall be liable for all reasonable costs, expenses and attorney fees incurred by petitioner.
(g) Within the thirty days first following notice to the city solicitor of the filing of a land use appeal, if the appeal is from a board or agency of a municipality, the municipality and any owner or tenant of property directly involved in the action appealed from may intervene as of course by filing a notice of intervention, accompanied by proof of service of the same, upon each appellant or each appellant's counsel of record. All other intervention shall be governed by the Pennsylvania Rules of Civil Procedure.

53 P.S. § 25985.1

1911, May 12, P.L. 295, No. 187, § 7.1, added 1996, July 11, P.L. 602, No. 102, § 2, effective Jan. 1, 1997.