178 Pa. Super. 132 | Pa. Super. Ct. | 1955
Opinion by
This is an appeal by the Saxony Construction Company from the decree of the Quarter Sessions Court of Delaware County dismissing its appeal from the refusal of the board of supervisors of a second class township to approve a subdivision plan submitted to the supervisors by the company.
When the construction company submitted its subdivision plan, which included roadways, to the Board of Supervisors of Marple Township the supervisors approved it provided that a sanitary sewer be installed by the construction company within the boundaries of the streets appearing in said plan. This amounts to a refusal unless the appellant complies with the conditions.
There is no sanitary sewer system in the immediate vicinity with which the sewer pipes required by the supervisors to be installed by the appellant could be connected, nor has the township made any legally binding commitments for the construction of, or connection with any such system. The sewers thus required could not be presently used.
The appellant, contending that under all the circumstances the requirement of the supervisors was arbitrary, capricious, unreasonable and without legal authority, appealed to the Quarter Sessions Court of Delaware County. Paragraph (f) of the aforesaid section
“In any case Avliere tlie board of toAvnship supervisors disapproves a subdivision plan, any person aggrieved thereby may, Avithin thirty days thereafter, appeal therefrom, by petition to the court of quarter sessions of the county, Avhich court shall hear the matter de novo and after hearing enter a decree affirming, reversing or modifying the action of the board, as may appear just in the premises. The court shall designate the manner in Avhich notices of the hearing of any such appeal shall be given to all parties interested. The decision of the court shall be final.”
Section 1141 of The Second Class ToAvnship Law, supra, as amended 53 PS §19093-1141 provides for an appeal in practically the same language from refusal of the toAvnship supervisors to approve road plans under section 1140, supra.
The Quarter Sessions Court of DelaAvare County after hearing de novo, decree nisi and argument before the court en banc dismissed the appeal.
Both the aforesaid sections provide that the decision of the Quarter Sessions Court shall be final. This has the same effect as if the legislature had said that no right of appeal is permitted. White Township School Directors Appeal, 300 Pa. 422, 150 A. 744 (1930). Where the legislature expressly denies the right of appeal, this court’s scope of revieAV is limited to the question of the lower court’s jurisdiction and the regularity of the proceedings; the merits of the controversy cannot be considered.
In Kaufman Construction Co. v. Holcomb et al., 357 Pa. 514, 517, 518, 519, 55 A. 2d 534 (1947), the present Chief Justice of our Supreme Court said: “Where a statute expressly denies the right of appeal to a court from the action of some agency of government, or to
This has been repeated as late as 1954 in Delaware County National Bank v. Campbell, 378 Pa. 311, 316, 106 A. 2d 416 (1954). See also Twenty-First Senatorial District Nomination, 281 Pa. 273, 126 A. 566 (1924); Grime v. Dept. of Public Instruction, 324 Pa. 371, 375, 188 A. 337 (1936).
The federal constitution does not require the legislature to give a litigant an appeal from a lower court. Hibben v. Smith, 191 U. S. 310, 322, 24 S. Ct. 88 (1903); Spaulding v. Douglas Aircraft Co., 154 F. 2d 419, 427 (1946).