Board of Supervisors v. Quarture

603 A.2d 295, 145 Pa. Commw. 377, 1992 Pa. Commw. LEXIS 117
CourtCommonwealth Court of Pennsylvania
DecidedFebruary 3, 1992
DocketNo. 312 C.D. 1991
StatusPublished
Cited by5 cases

This text of 603 A.2d 295 (Board of Supervisors v. Quarture) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Supervisors v. Quarture, 603 A.2d 295, 145 Pa. Commw. 377, 1992 Pa. Commw. LEXIS 117 (Pa. Ct. App. 1992).

Opinion

DOYLE, Judge.

The Board of Supervisors of Chartiers Township (Board) appeals an order of the Court of Common Pleas of Washington County, entered on February 6, 1991, which clarified its prior decision and order of January 19, 1990.

The relevant facts are as follows: Robert J. Quarture and Louise Quarture are the owners of 23.678 acres of land located in Chartiers Township (Township). Pursuant to a lease agreement dated May 11, 1988, the Quartures entered into an agreement with Victor Dosse Contracting (Dosse) to strip mine the property in question. On July 22, 1988, Dosse and the Quartures applied for a permit to strip mine the property, in accordance with the rules, regulations and practices followed for the issuance of such permits in the Township.1

On July 28, 1988 the Board voted to grant a permit to Dosse and the Quartures to strip mine approximately six acres of the property. On August 24,1988 a public meeting [379]*379was held and an agreement was reached concerning the conditions to be attached to the permit.2 On August 30, 1988, counsel for Dosse and the Quartures sent a letter to the Board summarizing the conditions to the strip mining permit which were agreed upon by Dosse at the August 24th meeting. The letter, in pertinent part, provides as follows:

The conditions discussed and agreed upon to date are as follows:
6. Mr. Dosse agrees that he will not strip mine closer than 300 feet from any property line without first obtaining written permission from the property owner. (Emphasis added).

No additional hearings were scheduled despite repeated requests by Dosse and the Quartures. By letter dated December 5, 1988, counsel for Dosse and the Quartures requested that the Board issue the strip mining permit to Dosse within ten (10) days. This letter further provided that “[w]e have no objection to your attaching to said permit the agreed upon conditions which are set forth in my letter of August 30, 1988.” The letter of August 30th was attached to the December 5th letter.

On January 23, 1989 a special meeting of the Board was held at which meeting the Board recommended that the matter be referred to the Planning Commission. Drawings and plans were to be submitted to the Planning Commission for review and after their approval, the Board would act on the Planning Commission recommendation.3

[380]*380Thereafter, Dosse and the Quartures filed a complaint in mandamus in the Court of Common Pleas of Washington County requesting that the court enter an order compelling the Board to issue to them the appropriate strip mining permit. Attached to the complaint as an exhibit was the letter of August 30, 1988. On January 19, 1990, the common pleas court issued its decision and order which contained the following pertinent conclusions of law:

1. This Court finds that the Defendants on July 28, by resolution of the Board of Supervisors of Chartiers Township, granted a permit to the Plaintiffs to strip mine the subject property subject to Plaintiff, Dosse’s compliance with certain agreed upon conditions.
2. At a public hearing held on August 24, 1988, certain conditions were agreed upon by the parties. Said conditions are duly summarized in the August 30, 1988 letter from Plaintiff’s counsel to Defendant’s counsel. (Exhibit “G”) [i.e., not to mine within 300 feet of any property line.]
6. At the hearing in this matter, Plaintiffs expressed a continued willingness to agree to the conditions set forth in the August 30, 1988 letter. (Exhibit “G”)

The common pleas court then entered an order directing the Board to issue to Dosse and the Quartures a permit to strip mine subject to the conditions set forth in the August 30, 1988 letter.

On October 26, 1990, Dosse and the Quartures filed a petition to clarify the decision and order of the court alleging that “[t]he reference in the [August 30, 1988] letter to strip mining Three hundred (300) feet from a property line was in error and does not accurately reflect what was reported at the public meeting.” On February 6, 1991 the [381]*381common pleas court entered an order which granted the petition and clarified its order of January 19, 1990 to indicate that they may not strip closer than 300 feet of any building or structure rather than 300 feet of any property line, the restriction that was in the letter of August 30th. This appeal followed.4

The sole issue on appeal is whether the common pleas court had jurisdiction to issue its order of February 6, 1991 which modified the order of January 19, 1990.

Section 5505 of the Judicial Code, 42 Pa.C.S. § 5505, entitled Modification of orders, provides as follows:

Except as otherwise provided or prescribed by law, a court upon notice to the parties may modify or rescind any order within 30 days after its entry, notwithstanding the prior termination of any term of court, if no appeal from such order has been taken or allowed.

Dosse and the Quartures assert that a court has inherent power, beyond this thirty day period, to correct a patent or obvious clerical mistake. They argue that, by its order entered on February 6,1991, the common pleas court simply corrected an obvious clerical mistake contained in the letter of August 30, 1988 and incorporated into the order of January 19, 1990.

We begin our analysis by reviewing cases in which the trial court has been permitted to amend its order to correct a patent error. In Commonwealth v. Cole, 437 Pa. 288, 263 A.2d 339 (1970), the Court of Common Pleas of Philadelphia County issued an order granting defendant’s motion for a new trial and arrest of judgment. Three and one half months later the judge entered an order modifying the [382]*382original order to read: “[Mjotion for new trial is granted; motion in arrest of judgment is dismissed.” On appeal, our Supreme Court stated that the common pleas court was simply correcting a mistake which was plain on the face of the order.

Similarly, in Great American Credit Corp. v. Thomas Mini-Markets, Inc., 230 Pa. Superior Ct. 210, 326 A.2d 517 (1974), a common pleas court was permitted to vacate more than thirty days after the close of the term, an order granting summary judgment, where a letter requesting an extension of time within which to answer the motion for summary judgment was inadvertently mislaid in transmission through the court process.

Finally, in DeMarco v. Borough of East McKeesport, 125 Pa. Commonwealth Ct. 13, 556 A.2d 977 (1989), the common pleas court, upon the motion of one of four defendants, ordered entry of judgment in favor of that defendant. The prothonotary then entered judgments in favor of all defendants, three of which never formally adopted or joined the first defendant’s motion. On appeal, this Court held, inter alia, that the prothonotary’s failure to follow the court’s order in its entirety constituted patent error.

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Bluebook (online)
603 A.2d 295, 145 Pa. Commw. 377, 1992 Pa. Commw. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-supervisors-v-quarture-pacommwct-1992.