Agenda - Planning Commission - 04/06/1999

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· Page 8 February 25, 1999 Z.B. Gall claimed her appeal notice was proper and that even if it wasn't, her failure to provide a reason didn't hinder the board in any way. According to Gall, the reason for her appeal was that the neighbor's alleged hardship was self-created and therefore didn't justify a variance. The court dismissed Gall's appeal, and she appealed again. According to Gall, the court shouldn't have dismissed her appeal based on a defect unless the defect prevented the board from defending its decision to grant the vari- ance. She claimed land use appeals should be determined on their merits, not on procedural matters. DECISION: Affirmed. The trial court properly dismissed Gall's appeal. The township had a right to rely on the statute governing land use appeals in seeking to dismiss Gall's appeal. State law required Gall to provide a reason for her appeal in her appeal notice. The failure to include the grounds for an appeal in a land use appeal notice always warranted dismissal of the appeal, and the trial court didn't have to consider new factual allegations raised after Gall's time limit for appealing had expired. The grounds-for-appeal requirement played a necessary role by winnowing the scope of an appeal. Allowing Gall and others the right to raise new issues after the appeaI period expired would give them a substantial ad- vantage and would also expand litigation in the already heavily burdened area of land use. see also: Rigby v. Board of Supervisors of Unity Township, 635 A.2d 725 (1993). see also: Kreitz v. Zoning Board of Adjustment of City of Easton, 287A.2d 884 (1972). Zoning Bulletin To order Zoning Bulletin, call (800) 229-2084, or complete and return this form to Quinlan Publishing Group, 23 Drydock Ave., Boston, MA 02210-2387, or fax (800) 539-8839. $99 (plus $5.81 s&h) -- 1 year (24 issues) ~ New subscription ' El Payment enclosed El Renewal subscription El Bill me Name Organization Address City. State Phone Fa,: Email Zip