Appeal from the Order of the Court of Common Pleas of Warren County in the case of John R. Shattuck and Nancy N. Shattuck, his wife v. The Zoning Hearing Board of Warren County, No. 174 of 1983.
Bernard J. Hessley, for appellant.
Richard A. Hernan, Jr., for appellee.
Judges Craig and Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Craig.
[ 93 Pa. Commw. Page 210]
Landowner Robert Rieder has appealed three orders of the Court of Common Pleas of the 37th Judicial District of Pennsylvania, Warren County.
[ 93 Pa. Commw. Page 211]
The first trial court order, issued on September 21, 1983, reversed a decision of the Zoning Hearing Board of Warren County. The board had determined that section 1007 of the Pennsylvania Municipalities Planning Code (MPC)*fn1 barred as untimely an appeal by objectors John and Nancy Shattuck alleging that the landowner's garage situated on a neighboring vacant lot was not in compliance with the local zoning ordinance. The board's decision also had determined that the landowner was using the garage in question for residential purposes in accordance with the Warren County Zoning Ordinance of 1965. The trial court disagreed; the September, 1983 order ruled that the landowner's garage constituted a violation.
The second trial court order, dated June 5, 1984, resulted from the board's petition (filed May 31, 1984) to construe that September, 1983 reversal order. The court, by its second order, directed the landowner either to remove the garage or bring it into conformity with the zoning ordinance.
The third trial court order, dated October 29, 1984, resulted from the objectors' petition for an order mandating destruction of the garage. The order instructed the sheriff of Warren County to raze the building at the landowner's expense.
The landowner did not appeal any of the trial court orders to this court until November 5, 1984. Hence we also have the objectors' motion to quash the landowner's appeal of the September 21, 1983 and June 5, 1984 orders as untimely under Pa. R.A.P. 903(a).*fn2
The landowner and the objectors are neighbors in Pleasant Acres Subdivision, ...