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APPEAL CHARTIERS VALLEY SCHOOL DISTRICT FROM ASSESSMENT PROPERTY DEVELOPMENT DIMENSIONS INTERNATIONAL v. TOWNSHIP ROSS (07/11/83)

decided: July 11, 1983.

IN RE APPEAL OF CHARTIERS VALLEY SCHOOL DISTRICT FROM ASSESSMENT OF PROPERTY OF DEVELOPMENT DIMENSIONS INTERNATIONAL, INC. APPEAL OF CHARTIERS VALLEY SCHOOL DISTRICT. JOHN L. CROWN, APPELLANT,
v.
THE TOWNSHIP OF ROSS, APPELLEE. ROBERT M. MUCHENSKI, APPELLANT, V. THE TOWNSHIP OF ROSS, APPELLEE. DANIEL M. DALEY, APPELLANT, V. THE TOWNSHIP OF ROSS, APPELLEE



No. 19 W.D. Appeal Dkt. 1983, Appeal from the Order of the Commonwealth Court, dated September 8, 1982 at No. 184, Misc. Dkt. No. 3, affirming the Order of the Court of Common Pleas of Allegheny County at No. GD 81-22289, Nos. 20, 21, 22 W.D. Appeal Dkt. 1983, Appeal from the Order of the Commonwealth Court, dated September 8, 1982 at Nos. 534 C.D. 1981; 536 C.D. 1981; 537 C.D. 1981, affirming the Orders of the Court of Common Pleas of Allegheny County at S.A. 1152 of 1980; S.A. 1153 of 1980; S.A. 1154 of 1980

COUNSEL

Thomas J. Dempsey, Robert L. Federline, Arnold Friedman, Richard T. Wentley, Pittsburgh, for appellants.

William J. Fahey, Pittsburgh, for appellee Appeal and Review Bd.

Vincent A. Tucceri, Pittsburgh, for appellee Tp. of Collier.

Victor R. Delle Donne, Burton D. Morris, Pittsburgh, for appellee Dimensions Intern., Inc.

William P. Bresnahan, Pittsburgh, for appellee Allegheny Co.

William W. Milnes, John J. Klein, Pittsburgh, for Tp. of Ross.

Roberts, C.j., and Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ. Nix, J., did not participate in the consideration or decision of this matter. Larsen, J., dissents and would make the majority result prospective only.

Author: Mcdermott

[ 501 Pa. Page 622]

OPINION

We have before us the consolidated cases of Appeal of Chartiers Valley, No. 19 W.D. Appeal Docket 1983; John L. Crown v. Township of Ross, No. 20 W.D. Appeal Docket 1983; Robert M. Muchenski v. Township of Ross, No. 21 W.D. Appeal Docket 1983; and, Daniel M. Daley v. Township of Ross, No. 22 W.D. Appeal Docket.*fn1 The common issue presented by these cases is whether the thirty day period set forth in Section 5571(b) of the Judicial Code,*fn2 42 Pa.C.S.A. § 5571(b), defines the appeal period of all statutory appeals, regardless of specific provisions contained in individual statutes.

The appeals of Crown, Muchenski, and Daley (Nos. 20, 21 and 22) involve Section 645 of the First Class Township Code,*fn3 53 P.S. § 55645. That section provides, that in an appeal from a Civil Service Commission decision, which involves the suspension, removal or reduction in rank of a policeman or fireman, "[S]uch appeal shall be taken within sixty days from the date of entry by the commission of its final order." Id.

These appellants were either suspended or removed from the police force of the Township of Ross. In each case, appeals were filed to the Court of Common Pleas of Allegheny County. The appeals were filed more than thirty ...


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