312 A.3d 377
Pa. Commw. Ct.2024Background
- The case arises under Pennsylvania’s Abandoned and Blighted Property Conservatorship Act (Act 135), concerning a severely blighted and abandoned property in Philadelphia.
- Appellant Bruce Fassett, acting as trustee for Sierra Fassett, stipulated in 2019 that the property was abandoned/blighted and consented to conservatorship by Philadelphia Community Development Coalition, Inc. (PCDC) if remediation was not completed.
- PCDC was appointed as conservator after Fassett failed to remediate the blight, and undertook substantial work to rehabilitate the property, later seeking to sell it due to the costs and extent of required renovations.
- A series of trial court orders approved PCDC’s actions: approving a plan for abatement, authorizing the sale, and denying Fassett’s motions to terminate the conservatorship or reconsider the sale.
- Fassett appealed these trial court orders, but did not seek a stay of sale or appeal the listing order within the required time; he also failed to post a court-ordered appeal bond.
Issues
| Issue | Plaintiff's Argument (Fassett) | Defendant's Argument (PCDC) | Held |
|---|---|---|---|
| Whether failure to post appeal bond requires quashing appeal | Mandatory bond was improper; appeal should proceed | Bond was required; failure to post warrants quashing | No, bond was not required under applicable rules; appeal not quashed for this reason |
| Whether trial court’s Listing Order and Reconsideration Order are reviewable | Listing Order should be appealable; reconsideration order should allow review of Listing Order | Neither order is appealable here; Listing Order not properly before court | No jurisdiction to review these orders—untimely or not properly appealed |
| Whether Sale Order is appealable | Sale Order should be reviewed since it affects property rights | Not an appealable order under relevant appellate rules; no direct appeal lies | Sale Order is not an appealable interlocutory order; no jurisdiction |
| Whether trial court erred in approving sale without full remediation | Sale shouldn’t be approved without complete remediation per Act 135 | Sale valid under Act 135 after efforts to remediate; full remediation not required before sale | Fassett’s argument immaterial; no error in approving sale under Act 135 |
Key Cases Cited
- In re Conservatorship Proceeding In Rem by Germantown Conservancy, 995 A.2d 451 (Pa. Cmwlth. 2010) (explains Act 135 proceedings and conservatorship process)
- Shearer v. Hafer, 177 A.3d 850 (Pa. 2018) (addressing appeal jurisdiction issues)
- Fried v. Fried, 501 A.2d 211 (Pa. 1985) (addressing when interlocutory orders become appealable)
- PPM Atlantic Renewable v. Fayette County Zoning Hearing Board, 81 A.3d 896 (Pa. 2013) (limitations on imposition of appeal bonds)
- In re: Merrick’s Estate, 247 A.2d 786 (Pa. 1968) (orders denying reconsideration are not appealable)