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MCKAY v. NORTH HUNTINGDON TOWNSHIP BOARD ADJUSTMENT (07/22/71)

decided: July 22, 1971.

MCKAY
v.
NORTH HUNTINGDON TOWNSHIP BOARD OF ADJUSTMENT



Appeal from the decision of the Court of Common Pleas of Westmoreland County at 203 January Term, 1967 in case of Mary E. McKay v. North Huntingdon Township Board of Adjustment. Appeal transferred September 14, 1970, to the Commonwealth Court of Pennsylvania by the Supreme Court of Pennsylvania.

COUNSEL

Dante G. Bertani, for appellant.

Thomas R. Ceraso, with him Scales, Shaw, Lyons & Ceraso, for appellee.

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

Author: Manderino

[ 2 Pa. Commw. Page 610]

On November 7, 1969, an order was entered by Judge Keim of the Court of Common Pleas of Westmoreland County in a zoning matter. Exceptions were filed before the court en banc and on August 3, 1970, the court en banc issued an order which stated: "And Now, this 3rd day of August, 1970, after due and careful

[ 2 Pa. Commw. Page 611]

    consideration, the exceptions filed to the opinion and decree in this case be and the same are hereby dismissed inasmuch as the court is without jurisdiction to hear and consider the same."

After the order of the court en banc of August 3, 1970, the appellant filed this appeal. It is contended that the appeal was not timely because it was not filed within thirty days after the order of Judge Keim entered on November 7, 1969. It is conceded that the appeal was filed within thirty days after the order of the court en banc on August 3, 1970.

In our opinion the appeal was timely filed following the order of the Court en banc of Westmoreland County on August 3, 1970.

The appellant states that no appeal was filed from the November 7, 1969, order because the rules of the Court of Westmoreland County mandated argument before the Court en banc.

The appellant calls to our attention Rule 504 which ...


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