42 A.3d 1196
Pa. Commw. Ct.2012Background
- Township appeals a trial court order quashing its appeal from the Delaware County Uniform Construction Code Board of Appeals for lack of proper designation under the Uniform Construction Code Act (Act).
- Township enacted Ordinance 653 (2004) adopting the Uniform Construction Code and elected to administer/enforce the Act itself.
- Delaware County created a county-wide Board of Appeals and Township Resolution 2004-97 designated that Board to hear Township determinations under the Act.
- Caldwell challenged the Board’s jurisdiction, arguing the Township improperly delegated its appeal function to the Board by resolution rather than ordinance under the Intergovernmental Cooperation Act (ICA).
- Trial court agreed, holding Section 501 of the Act allowed joint administration/enforcement or a contract but not designation by Township to a non-Township-created board; Board lacked jurisdiction; Township then appealed to Commonwealth Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Township could designate the County Board to hear UCC Act appeals. | Caldwell: designation improper under §501; Township needed its own board if enforcing the Act. | Township: designation valid under §501 and ICA; ordinance not required for designation via intergovernmental agreement. | Board lacked jurisdiction; designation by resolution ineffective. |
| Whether ICA required ordinance to authorize intermunicipal delegation of appeal functions. | Resolution insufficient under ICA. | Ordinance required for delegation under ICA; Township’s actions fall within ordinance-based authorization. | ICA requires ordinance for delegation; designation via Resolution 2004-97 ineffective. |
Key Cases Cited
- Allegheny Inspection Service, Inc. v. North Union Township, 600 Pa. 245, 964 A.2d 878 (2009) (Pa. 2009) (standard of review and evidentiary support in appellate review)
- McGinley v. Scott, 401 Pa. 310, 164 A.2d 424 (1960) (Pa. 1960) (avoidance of formalism in legislative enactments)
- Gallagher v. Borough of Olyphant, 181 Pa. 191, 37 A. 258 (1897) (Pa. 1897) (role of enactment form and legislative action in defining validity)
- Koutrakos v. Zoning Hearing Board, 685 A.2d 639 (Pa.Cmwlth.1996) (Pa.Cmwlth. 1996) (standard for reviewing zoning board decisions and evidentiary support)