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JOSEPH A. CAMERON v. BOARD ADJUSTMENT CITY GREENSBURG (02/04/71)

decided: February 4, 1971.

JOSEPH A. CAMERON, ET AL.,
v.
BOARD OF ADJUSTMENT OF THE CITY OF GREENSBURG, AND THE CITY OF GREENSBURG. KATHERINE MCKENNA, ET AL., V. BOARD OF ADJUSTMENT OF THE CITY OF GREENSBURG, AND THE CITY OF GREENSBURG. IN RE: APPLICATION OF JARED A. COOPER FOR ZONING PERMITS TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF GREENSBURG



Appeals from the decisions of the Court of Common Pleas of Westmoreland County in cases of Joseph A. Cameron, et al. v. Board of Adjustment of the City of Greensburg and the City of Greensburg, No. 712 July Term, 1968; Katherine McKenna, et al. v. Board of Adjustment of the City of Greensburg and the City of Greensburg, No. 753 July Term, 1968, and In Re: Application of Jared A. Cooper for Zoning Permits to the Zoning Board of Adjustment of the City of Greensburg, No. 702 July Term, 1968. Appeals transferred September 14, 1970, to the Commonwealth Court of Pennsylvania by the Supreme Court of Pennsylvania.

COUNSEL

A. C. Scales, with him Scales, Shaw, Lyons & Ceraso; Henry E. Shaw and William T. Dom, III, for appellant property owners.

Joseph B. Mitinger, City Solicitor, for appellant City of Greensburg.

Irving L. Bloom, with him John F. Dent, Dent & Bloom, and Albert M. Nichols, for appellee.

President Judge Bowman, and Judges Kramer, Wilkinson, Jr., Manderino, and Mencer. Opinion by Judge Manderino.

Author: Manderino

[ 1 Pa. Commw. Page 212]

The zoning matters involved in this appeal were heard by Judge Richard E. McCormick, of Westmoreland County, who entered a decree on November 10, 1969. Exceptions to the decree were filed and on August 14, 1970, the Court en Banc of Westmoreland County issued a decree sustaining the earlier decree issued by Judge McCormick.

Within thirty (30) days after the court en banc's decree of August 14, 1970, appeals were filed in the Supreme Court of Pennsylvania, which were later transferred under the Commonwealth Court Act (Act No. 185 of January 6, 1970); 17 P.S. 211.13 (1970), to the Commonwealth Court.

Appellees have filed before this court a motion to quash the appeals because it is claimed they were not timely filed.

All parties agree that an appeal must be filed within thirty (30) days in a zoning matter, but the parties disagree as to when the thirty (30) days began in this case. The appellees contend that the thirty (30) days began in November of 1969, when Judge McCormick entered his decree. The appellants contend that the thirty (30) days did not begin to run until the decree of the court en banc was entered in August, 1970.

The matter is controlled by the Pennsylvania Municipalities Planning Code. Section 1012 of the Code states: "Appeals from decisions of courts made under this act shall be taken to the Supreme Court of Pennsylvania in the manner provided for other civil cases, but no such appeal shall be entertained unless it is

[ 1 Pa. Commw. Page 213]

    filed within thirty (30) days after the date of entry of the decision of the lower court." Pennsylvania Municipalities Planning Code (Act No. 247 of July ...


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