Pennsylvania Act 2008-40 — JUDICIAL CODE (42 PA.C.S.) - APPEALS GENERALLY AND APPEALS FROM ORDINANCES, RESOLUTIONS, MAPS, ETC.

Act text

JUDICIAL CODE (42 PA.C.S.) - APPEALS GENERALLY AND APPEALS FROM
                   ORDINANCES, RESOLUTIONS, MAPS, ETC.
                  Act of Jul. 4, 2008, P.L. 325, No. 40               Cl. 42
                             Session of 2008
                               No. 2008-40

     HB 1330

                                  AN ACT

     Amending Title 42 (Judiciary and Judicial Procedure) of the
        Pennsylvania Consolidated Statutes, further providing for
        appeals generally and for appeals from ordinances,
        resolutions, maps, etc.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5571 of Title 42 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 5571.  Appeals generally.
        (a)  General rule.--The time for filing an appeal, a petition
     for allowance of appeal, a petition for permission to appeal or
     a petition for review of a quasi-judicial order, in the Supreme
     Court, the Superior Court or the Commonwealth Court shall be
     governed by general rules. No other provision of this subchapter
     shall be applicable to matters subject to this subsection.
        (b)  Other courts.--Except as otherwise provided in
     subsections (a) and (c) and in section 5571.1 (relating to
     appeals from ordinances, resolutions, maps, etc.), an appeal
     from a tribunal or other government unit to a court or from a
     court to an appellate court must be commenced within 30 days
     after the entry of the order from which the appeal is taken, in
     the case of an interlocutory or final order.
        (c)  Exceptions.--
            (1)  Election cases.--The time for appeal from an order
        in any matter arising under the act of June 3, 1937
        (P.L.1333, No.320), known as the "Pennsylvania Election
        Code," or any other statute relating to registration or
        elections shall, if such statutes provide for a lesser time
        for appeal, be governed by the appropriate provision of such
        statutes.
            (2)  Financing cases.--The time for appeal from an order
        in any matter arising under the act of July 12, 1972
        (P.L.781, No.185), known as the "Local Government Unit Debt
        Act," or any other statute relating to the incurring of debt
        by a government unit, shall if such statutes provide for a
        lesser time for appeal, be governed by the appropriate
        provision of such statutes.
            (3)  Probate matters.--The time for appeal from an order
        of a register of wills under Title 20 (relating to decedents,
        estates and fiduciaries) shall, if such statute provides a
        greater time for appeal, be governed by the appropriate
        provision of such statute.
            (4)  Execution matters.--The time for appeal from an
        order of any system or related personnel entered in
        connection with enforcement of attachments, judgments or
        similar process or orders shall be governed by general rule.
            [(5)  Ordinances, resolutions, maps, etc.--
        Notwithstanding section 909.1(a)(2) of the act of July 31,
        1968 (P.L.805, No.247), known as the Pennsylvania
        Municipalities Planning Code, questions relating to an
        alleged defect in the process of enactment or adoption of any
        ordinance, resolution, map or similar action of a political
        subdivision, including appeals and challenges to the validity
        of land use ordinances adopted pursuant to the Pennsylvania
        Municipalities Planning Code, shall be raised by appeal or
        challenge commenced within 30 days after the intended
        effective date of the ordinance, resolution, map or similar
        action. As used in this paragraph, the term "intended
        effective date" means the effective date specified in the
        ordinance, resolution, map or similar action or, if no
        effective date is specified, the date 60 days after the date
        the ordinance, resolution, map or similar action was finally
        adopted but for the alleged defect in the process of
        enactment or adoption.]
            (6)  Implied determinations.--When pursuant to law a
        determination is deemed to have been made by reason of the
        expiration of a specified period of time after submission of
        a matter to a tribunal or other government unit or after
        another prior event, any person affected may treat the
        expiration of such period as equivalent to the entry of an
        order for purposes of appeal and any person affected shall so
        treat the expiration of the period where the person has
        actual knowledge (other than knowledge of the mere lapse of
        time) that an implied determination has occurred.
        (d)  Interlocutory appeals.--A petition for permission to
     appeal from an interlocutory order must be filed within 30 days
     after its entry.
        (e)  Action following grant of permission to appeal.--The
     period limited by this section is tolled by the filing of a
     petition for permission to appeal. If the petition is granted
     further proceedings in the matter, including any time
     limitations, shall be governed by general rules or rules of
     court, and not by the provisions of subsections (b) through (d).
        (f)  Cross appeals.--An appellee may be permitted by general
     rules or rules of court to take an appeal within the time
     limited by rule from an order from which another party has taken
     a timely appeal, notwithstanding the fact that the time
     otherwise limited by this section has expired.
        Section 2.  Title 42 is amended by adding a section to read:
      § 5571.1.  Appeals from ordinances, resolutions, maps, etc.
        (a)  Applicability; court of common pleas.--
            (1)  This section shall apply to any appeal raising
        questions relating to an alleged defect in the process of or
        procedure for enactment or adoption of any ordinance,
        resolution, map or similar action of a political subdivision.
            (2)  An appeal pursuant to this section shall be to the
        court of common pleas.
        (b)  Appeals of defects in statutory procedure.--
            (1)  Any appeal raising questions relating to an alleged
        defect in statutory procedure shall be brought within 30 days
        of the intended effective date of the ordinance.
            (2)  Except as provided in subsection (c), it is the
        express intent of the General Assembly that this 30-day
        limitation shall apply regardless of the ultimate validity of
        the challenged ordinance.
        (c)  Exemption from limitation.--An appeal shall be exempt
     from the time limitation in subsection (b) if the party bringing
     the appeal establishes that, because of the particular nature of
     the alleged defect in statutory procedure, the application of
     the time limitation under subsection (b) would result in an
     impermissible deprivation of constitutional rights.
        (d)  Presumptions.--Notwithstanding any other provision of
     law, appeals pursuant to this section shall be subject to and in
     accordance with the following:
            (1)  An ordinance shall be presumed to be valid and to
        have been enacted or adopted in strict compliance with
        statutory procedure.
            (2)  In all cases in which an appeal filed in court more
        than two years after the intended effective date of the
        ordinance is allowed to proceed in accordance with subsection
        (c), the political subdivision involved and residents and
        landowners within the political subdivision shall be presumed
        to have substantially relied upon the validity and
        effectiveness of the ordinance.
            (3)  An ordinance shall not be found void from inception
        unless the party alleging the defect in statutory procedure
        meets the burden of proving the elements set forth in
        subsection (e).
        (e)  Burden of proof.--Notwithstanding any other provision of
     law, an ordinance shall not be found void from inception except
     as follows:
            (1)  In the case of an appeal brought within the 30-day
        time limitation of subsection (b), the party alleging the
        defect must meet the burden of proving that there was a
        failure to strictly comply with statutory procedure.
            (2)  In the case of an appeal which is exempt from the
        30-day time limitation in accordance with subsection (c), the
        party alleging the defect must meet the burden of proving
        each of the following:
                (i)  That there was a failure to strictly comply with
            statutory procedure.
                (ii)  That there was a failure to substantially
            comply with statutory procedure which resulted in
            insufficient notification to the public of impending
            changes in or the existence of the ordinance, so that the
            public would be prevented from commenting on those
            changes and intervening, if necessary, or from having
            knowledge of the existence of the ordinance.
                (iii)  That there exist facts sufficient to rebut any
            presumption that may exist pursuant to subsection (d)(2)
            that would, unless rebutted, result in a determination
            that the ordinance is not void from inception.
        (f)  Void ordinances.--A determination that an ordinance is
     void from inception shall not affect any previously acquired
     rights of property owners who have exercised good faith reliance
     on the validity of the ordinance prior to the determination.
        (g)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Intended effective date."  Notwithstanding the validity of
     the challenged ordinance, the effective date specified in the
     challenged ordinance or, if no effective date is specified, the
     date 60 days after the date the ordinance would have been
     finally adopted but for the alleged defect in the process of
     enactment or adoption.
        "Ordinance."  An ordinance, resolution, map or similar action
     of a political subdivision.
        "Statutory procedure."  The preenactment and postenactment
     procedures prescribed by statute or ordinance in adopting an
     ordinance.
        Section 3.  This act shall take effect immediately.

     APPROVED--The 4th day of July, A. D. 2008.

     EDWARD G. RENDELL