Agenda - Planning Commission - 03/02/2017

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February 10, 2017 I Volume 11 I Issue 3 Zoning Bulletin Robert Crecine (collectively, the "Objectors") appealed the Commis- sion's decision on the 2013 Application. Finding that the Planning Commission erred by not following proper procedure in reviewing the 2013 Application, the trial court reversed and remanded to the Planning Commission, directing it to conduct an evidentiary hearing and make written findings of fact. Meanwhile, in May 2015, Forza withdrew its 2013 Application and instead requested a zoning voucher for its 2009 Application. On July 6, 2015, the City notified the Objec- tors that the Planning Department had reviewed and approved Forza's 2009 Application and had issued Forza a zoning voucher on June 3, 2015. On July 20, 2015, the Objectors appealed to the trial court. The trial court found that the Objectors failed to appeal the Planning Commis- sion's March 8, 2011 decision within 30 days and, therefore, quashed the appeal. The City's Zoning Code provided that "[a]ny party aggrieved by a decision of the Planning Commission, may, within thirty (30) days, appeal the decision to the Court of Common Pleas of Allegheny County under the Local Agency Law, 2 Pa.C.S. Sections 751-754." Per Pennsylvania statute governing judicial procedure, the 30-day time period begins to run "after the entry of the order from which the appeal is taken." (42 Pa.C.S. § 5571(b).) An order is deemed entered on the date of mailing. (42 Pa.C.S. § 5572.7.) The Objectors again appealed. The Objectors argued that the ap- peal period begins to run when a written adjudication (i.e., written, formal judgment on the matter) is mailed or is personally served on the parties. Notably, Local Agency Law requires "[a]11 adjudications of a local agency shall be in writing . . . ." (2 Pa.C.S. § 555.) Since no written adjudication was made by the City's Planning Commission or Planning Department, the Objectors argued that the appeal period never commenced and that their appeal was therefore timely filed. Forza and the City, however, maintained that the 30-day appeal pe- riod began to run on March 8, 2011, the date the Planning Commis- sion voted without written decision to approve the 2009 Application. DECISION: Judgment of Court of Common Pleas reversed. The Commonwealth Court of Pennsylvania held that an appeal pe- riod does not commence until a Planning Commission's final order is issued in writing. More specifically, here, the court held that the Objectors' appeal was not untimely since the Planning Commission's approval of the 2009 Application without a written decision was not sufficient to commence the 30-day appeal period in which the Objec- tors had to take their appeal. In so holding, the court looked to prior case law on the issue of 10 ©2017 Thomson Reuters