Appeal from the Order of the Court of Common Pleas of Allegheny County in case of King Productions, Inc., Lessee, and Oscar Bluestone, Owner v. Board of Adjustment of the City of Pittsburgh, No. S.A. 994 of 1975.
Diane Evryl Reese, with her Harvey E. Robins, and Brennan, Robins & Daley, for appellants.
D. R. Pellegrini, Assistant City Solicitor, with him Mead J. Mulvihill, Jr., City Solicitor, for appellees.
Judges Wilkinson, Jr., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Wilkinson.
[ 27 Pa. Commw. Page 257]
Appellants appeal from the decision of the Court of Common Pleas of Allegheny County quashing their appeal from the decision of the Zoning Board of Adjustment of the City of Pittsburgh (Board). We affirm.
After a hearing, the Board on September 26, 1975, denied appellants' request for an occupancy permit and alternative parking. A "Notice of Appeal" was filed by the appellants on October 8, 1975. Appellees
[ 27 Pa. Commw. Page 258]
filed a motion to quash on October 31, 1975, which was granted by the court below on January 14, 1976.
Appeals from decisions of the Board must be taken in accordance with Section 7 of the Act of March 31, 1927, P.L. 98, as amended, 53 P.S. § 25057. The pertinent provisions read:
Any person or persons jointly or severally aggrieved by any decision of the board of adjustment . . . may present to the court of common pleas of the county wherein said city may be located, a petition duly verified, setting forth that such decision is illegal in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board.
Upon the presentation of such petition, the court may allow a writ of certiorari. . . .
The record shows that the appellants did not file a petition for a writ of certiorari within thirty days from the filing of the decision of the Board. Rather, they filed a "Notice of Appeal."*fn1 Because of the failure to strictly comply ...