22 Pa. Commw. 141 | Pa. Commw. Ct. | 1975
Opinion by
The sole issue raised in this appeal is the constitutionality of Section 1008(4) of the Pennsylvania Municipalities Planning Code,
On September 16, 1974 the Horsham Township Board of Supervisors (Township) enacted an ordinance which changed the zoning classifications of approximately 178
1) $12,000.00 by January 24, 1975;
2) An additional $23,500.00 by February 24,1975;
3) An additional $23,500.00 the 24th day of each month thereafter, commencing March 24, 1975.”
On January 28, 1975 upon failure of the appellants to post the required security Judge Vogel dismissed the appellants’ appeal. The appellants then appealed to this Court.
We are now confronted with substantially the same issue that confronted this Court in Driscoll v. Plymouth Township, 13 Pa. Commonwealth Ct. 404, 320 A.2d 444 (1974). In Driscoll, Section 916 of the MPC, 53 P. S. §10916, which for all essential purposes is identical to the section now under attack, was challenged upon the premise that an individual has a constitutional right to a hearing prior to any adjudication of his property rights and that this right is infringed upon by the imposition of the requirement for posting a bond as a condition to
Although this Court holds divided views as to the issues raised in Driscoll
. Act of July 31, 1968, P. L. 805, as amended by the Act of June 1, 1972. P. L. 333.
. See the dissenting opinion by Judge Rogers in Driscoll in which President Judge Bowman and Judge Blatt joined.