A recent case decided by the Commonwealth Court of Pennsylvania confirms how important it is to understand where zoning challenges should be filed and the deadline date by when to file them. In the case of Carr vs. Horsham Township, an objector filed challenges to a zoning ordinance, on both procedural and substantive grounds, to the Montgomery County Court of Common Pleas within 30 days after the publication of the second 108 notice describing the passage of the referenced zoning ordinance. Unfortunately, only the procedural challenge to the zoning ordinance should have been filed to the Horsham Township zoning hearing board. In addition, challenges based on a procedural defects in its enactment must be filed within 30 days of the Ordinance’s effective date. Most zoning ordinances are effective 5 days after its adoption; nevertheless, it is always a safer bet to file the procedural appeal within 30 days after the date when the Ordinance is adopted. In this case, the objectors filed their appeal within 30 days after the publication of the second 108 legal notice. Notwithstanding the late filing, the court did allow the appeal to proceed under a nunc pro tunc basis because the governmental agency publishing the section 108 notice referenced a different and later appeal deadline for the filing of the land use appeal. The Commonwealth Court went on to dismiss the portions of the land use appeal containing substantive challenges due to the failure to properly and timely file such claims with the zoning hearing board and remanded the procedural challenges back to the Court of Common Pleas.
There can be many “trap doors” when filing zoning and land use appeals.
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