72 Pa. Commw. 381 | Pa. Commw. Ct. | 1983
Opinion by
Before us in this case is an order of the Court of Common Pleas of Northampton County dismissing the zoning appeal of Edward W. Hill and Dolores Hill, husband and wife. The Hills had appealed to the trial court from a decision of the Lower Saucon Township Zoning Hearing Board (Board) denying them a variance and other zoning relief.
Mr. and Mrs. Hill oivn a vacant parcel of land located in an “R-12” zoning district of Lower Saucon Township, Northampton County. Their parcel consists of about two and three-quarter acres. Mr. Hill is in the paving, excavating and landscaping business; and he desired to use their vacant property for business storage purposes. Because such a use was not a permitted one in an “R-12” district, the Hills applied to the Board for a zoning variance. By that application, they sought permission to erect a building for the storage of business materials, and to use the land for the parking of business vehicles and other equipment.
The Board held a hearing on June 16,1980; at that time, the Hills amended their application to include a request for a special exception, and a claim of prior nonconforming use. On that same date, upon the completion of the hearing, the Board voted to deny the zoning relief sought by the Hills.
On July 7, 1980, Mr. and Mrs. Hill appealed from the Board’s decision to the Court of Common Pleas. Their filed “Notice of Appeal” was, in pertinent part, as follows:
TO THE PROTHONOTARY:
Kindly file this Appeal from the decision of the Lower Saucon Township Zoning Hearing*383 Board, Lower Saueon Township, made on June 16,1980.
Issue Certiorari to the said Lower Saueon Township Zoning Hearing Board and/or Lower Saueon Township Council relative to property located on Weaver’s Lane, Lower Saueon Township, Northampton County, Pennsylvania.
/s/ Jay Meyers Attorney for:
Edward W. Hill and Dolores Hill,
Appellants.
As is obvious from the above, the “Notice of Appeal” did not set forth any grounds for appeal. Nevertheless, the appeal was docketed; and a writ of certiorari was issued to the Board.
On August 5, .1980, the Board responded to the writ of certiorari by filing its written findings and conclusions with the court; the Board also filed a copy, of the transcribed notes of testimony from the zoning hearing.
On February 19, 1981, more than eight months after the Board’s decision, and more than six months after the Board had complied with the writ of certiorari, the Hills filed in the trial court a brief in support of their appeal. The trial court heard argument on April 7, 1981; at that time, the attorney for the Board moved to dismiss the appeal. The basis for the motion to dismiss was the fact that the “Notice of Appeal” filed by the Hills did not specify any grounds for relief. The trial court agreed with the Board’s motion; consequently, on July 1, 1981, the trial court issued an order dismissing the Hills’ appeal. From that order Mr. and Mrs. Hill appealed to' our Court.
Zoning appeals shall be entered as of course by the prothonotary or clerk upon the filing of a zoning appeal notice which concisely sets forth the grounds on which the appellant relies. (Emphasis added.)
Based on the above statutory provision, we have held that, where a notice of appeal fails to specify any ground for the appeal, a dismissal of the appeal is warranted. Lyons v. Erie Zoning Board of Adjustment, 20 Pa. Commonwealth Ct. 165, 340 A.2d 585 (1975); see Kreitz v. Zoning Board of Adjustment, 4 Pa. Commonwealth Ct. 602, 287 A.2d 884 (1972). Hence, under our decisions, the trial court was correct in dismissing the appeal.
The appellants seem to suggest, as a threshold matter, that their brief to the trial court, filed more than seven months after their appeal from the Board’s decision, was sufficient to satisfy Section 1008(1) of the MPC. For us to accept that argument would do violence to the express terms of that Section.
Next, in an effort to excuse their noncompliance with Section 1008(1), the appellants point to the fact that the prothonotary of the court below did accept and docket their appeal from the Board’s decision. The appellants also point out that no objection was raised by the attorney for the Board until the time of oral argument below. In our view, neither of those factors excused the appellants from being aware of and heeding the clearly expressed mandate of Section 1008(1) of the MPC.
The other contention advanced by the appellants relates to the signature on the Board’s written deci
We must note, in passing, that the appellants’ sole procedural challenge to the Board’s-written decision was their assertion about the solicitor’s signature. The appellants have not contended, at any stage of this case, that the written decision was not timely rendered. Indeed, in the appellants’ own brief to this Court, they state that “a written decision [was] handed down on June 16, 1980.” (Emphasis added.)
Order
And Now, the 1st day of March, 1983, the order of the Court of Common Pleas of Northampton County dated July 1, 1981, at No. 1980-C-6779, is affirmed.
Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §11008(1).
53 P.S. §10908(9).
page 3 oí appellants’ brief.