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LOWER SOUTHAMPTON TOWNSHIP v. DANIEL F. MALONEY AND OLIVE MALONEY (12/14/77)

decided: December 14, 1977.

LOWER SOUTHAMPTON TOWNSHIP, APPELLANT
v.
DANIEL F. MALONEY AND OLIVE MALONEY, APPELLEES



Appeal from the Order of the Court of Common Pleas of Bucks County in case of In Re: Appeal of Lower Southampton Township from the Decision of the Zoning Hearing Board of Lower Southampton Township, of August 13, 1974, Ordering Issuance of a Building Permit to Daniel F. Maloney and Olive Maloney, No. 74-8549-07-5.

COUNSEL

Ronald Smolow, with him Marcel L. Groen, for appellant.

Richard P. McBride, with him Power, Bowen & Valimont, for appellees.

President Judge Bowman and Judges Crumlish, Jr., Wilkinson, Jr., Rogers and Blatt. Opinion by Judge Rogers.

Author: Rogers

[ 33 Pa. Commw. Page 28]

The issue in this case is whether a township may be required to post bond as a condition to proceeding with an appeal to the Common Pleas Court from a decision of the township zoning hearing board made pursuant to Section 1007 of the Pennsylvania Municipalities Planning Code (MPC), Act of June 1, 1972, P.L. 333, as amended, 53 P.S. § 11007.

Section 1007 of the MPC provides:

Persons aggrieved by a use or development permitted on the land of another who desire to secure review or correction of a decision or order of the governing body or of any officer or agency of the municipality which has permitted the same, on the grounds that such decision or order is not authorized by or is contrary to the provisions of an ordinance or map shall first submit their objections to the zoning hearing board under sections 909 and 915. The submission shall be governed by the provisions of section 1005.

Appeals to court from the decision of the zoning hearing board may be taken by any party aggrieved by appeal filed not later than thirty days after notice of the decision is issued.

The court to which an appeal is taken is given discretionary power to require the party aggrieved filing the appeal to post bond by Section 1008(4) of the MPC, 53 P.S. § 11008(4), which is as follows:

The filing of an appeal in court under this section, shall not stay the action appealed from but the appellants may petition the court having jurisdiction of zoning appeals for a stay. If the appellants are persons who are seeking to prevent a use or development of the land of another, whether or not a stay is sought by them,

[ 33 Pa. Commw. Page 29]

    the landowner whose use or development is in question may petition the court to order the appellants to post bond as a condition to proceeding with the appeal. The question whether or not such petition should be granted and the ...


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