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IRVING S. KARPE v. BOROUGH STROUDSBURG (04/06/83)

submitted: April 6, 1983.

IRVING S. KARPE, APPELLANT,
v.
BOROUGH OF STROUDSBURG



No. 3283 Philadelphia 1981, Appeal from the Order of the Court of Common Pleas of Monroe County, Civil Division, at No. 1088 October Term, 1978.

COUNSEL

Edwin Krawitz, East Stroudsburg, for appellant.

Phillip H. Williams, Stroudsburg, for appellee.

Spaeth, Wieand and Hoffman, JJ.

Author: Hoffman

[ 315 Pa. Super. Page 187]

Appellant contends that the lower court erred in denying his claim for damages. Because this case involves the application, interpretation, and enforcement of a statute regulating the affairs of local authorities and the officers, employees and agents thereof, 42 Pa.C.S.A. § 762(a)(4)(i)(A), we transfer jurisdiction over the appeal to the Commonwealth Court.

On March 9, 1977, appellant applied for and later received a permit from the Zoning Officer of the Borough of Stroudsburg, appellee, to establish an off-street parking facility. Appellee's request that the Zoning Hearing Board revoke the permit was granted on March 27, 1978. Appellant sued for damages resulting from the start of construction. The lower court, sitting without a jury, found in favor of appellee. An appeal from the denial of post-trial motions was quashed by our Court in Karpe v. Borough of Stroudsburg, 290 Pa. Superior Ct. 559, 434 A.2d 1292 (1981), because no final judgment had been entered. On November 19, 1981 that defect was corrected, prompting this appeal.

The Superior Court's appellate jurisdiction is as follows:

The Superior Court shall have exclusive appellate jurisdiction of all appeals from final orders of the courts of common pleas, regardless of the nature of the controversy or the amount involved, except such classes of appeals as are by any provision of this chapter within the exclusive jurisdiction of the Supreme Court or the Commonwealth Court.

42 Pa.C.S.A. § 742. The Commonwealth Court has exclusive jurisdiction of appeals from the courts of common pleas in cases involving

[ 315 Pa. Super. Page 188]

(4) Local government civil and criminal matters. --

(i) All actions or proceedings arising under any municipality, institution, district, public school, planning or zoning code or under which a municipality or other political subdivision or municipality authority may be formed or incorporated or where is drawn ...


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