40 Pa. Commw. 172 | Pa. Commw. Ct. | 1979
Opinion by
Michael Szura (Szura) has appealed from an order of a court en banc of the Court of Common Pleas of Luzerne County sustaining preliminary objections filed by Robert Carpinent (Carpinent) to Szura’s exceptions to an order of President Judge Brominski dismissing Szura’s appeal from a decision of the Zoning Hearing Board of Wyoming Borough (Borough).
Procedurally, the case has travelled a rocky road. Carpinent, the landowner, was granted a variance by the Board. Szura, a property owner who did not appear personally before the Board but contends that he was represented by his children, appealed from the Board’s decision. After three separate remand orders from the Luzerne County Court of Common Pleas, the Board found that Szura had not made a timely appearance of record before the Board as required by Section 908(3) of the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, as amended, 53 P.S. §10908(3), because Szura’s children had not informed the Board that they represented their father. Szura appealed from that decision by the Board. Carpinent, who was granted leave to intervene in Szura’s appeal, filed a motion to quash that appeal. On June 9, 1976, President Judge Brominski filed an opinion and order sustaining Carpinent’s motion to quash thereby dismissing Szura’s appeal. Szura filed exceptions to the Court’s .order of June 9, whereupon the Court ordered the notes of
It will be observed that Szura did not file his notice of appeal from the order of the Luzerne County Court of Common Pleas dated March 17, 1977, within the 30 day period mandated by Pa. R.A.P. 903(a).
Order,
And Now, this 26th day of January, 1979, the appeal of Michael Szura is dismissed.
Based on Section 502(a) of the Appellate Court Jurisdiction Act of 1970, Act of July 31, 1970, P.L. 673, as amended, formerly 17 P.S. §211.502(a), repealed by Section 2(a) of the Judiciary Act Repealer Act, Act of April 28, 1978, P.L. 202, 42 P.S. §20002(a) [1443]. A similar provision is now found in the Judicial Code, 42 Pa. C.S. §5571.
Related provisions are now found in the Judicial Code, 42 Pa. C.S. §§704, 5504.