74 Pa. Commw. 638 | Pa. Commw. Ct. | 1983
Opinion by
' Russell Border (appellant) appeals an order of the Court of Common Pleas of Northampton County which quashed his appeal from a decision of the Zoning Hearing Board of tihe City of Easton (Board) as untimely filed.
The facts are not in dispute. The appelant applied for a variance to use a building as an animal grooming establishment. The Board held a hearing and sent notice to the appellant on November 17, 1981 informing him of its decision to deny his application and giving him the reasons for that 'denial. On December 17,1981, the Board issued findings of fact, discussion, and conclusions of law 'and the appellant received this document the .same day. . He filed an 'appeal in the court of common pleas on January 15, 1982 which the Board moved to quash on January 27, 1982 on the ground that it had not been filed within 30 days.
Appeals by landowners from zoning hearing board decisions which do not contest the validity of an ordinance are governed by Section 1006(3) (,b) of the Pennsylvania Municipalities Planning Code (MPC).
We will, therefore, vacate the order of the court of common pleas quashing the appellant’s appeal and
Order
And Now, this 8th day of June, 1983, the order of the Court of Common Pleas of Northampton County in the above-captioned matter is hereby vacated and this case is remanded to said court for further proceedings. Jurisdiction relinquished.
Section 5571(b) of the Judicial Code, 42 Pa. C. S. §5571 (b).
Act of June 1, 1972, P.L. , as amended, 53 P.S. §11006.
53 P.S. §11006.
The term “entered” is not defined in ibhe Gode. Webster’s Third New International Dictionary 756 (1966) defines the term in a manner which could arguably support either side’s argument; some -relevant definitions therein are as follows: “7a: to become a part of ... 9a; to place in regular form before a law court . . . put upon record in proper form and order . . . 11a; to put on record.