Narberth Borough v. Lower Merion Township
886 A.2d 223
This text of 886 A.2d 223 (Narberth Borough v. Lower Merion Township) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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Narberth Borough v. Lower Merion Township, 886 A.2d 223 (Pa. 2005).
Opinion
ORDER
AND NOW, this 25th day of October, 2005, the Petition for Allowance of Appeal is hereby granted, limited to the following issues:
1. Whether the Commonwealth Court erred in holding that the Borough’s notice of land use appeal was untimely filed where the Borough, an aggrieved third-party objector, filed its appeal within 30 days of the Township’s entry (mailing) of its written decision pursuant to Section 1002-A of the Pennsylvania Municipalities Planning Code (the “MPC”), 53 P.S. § 11002-A, and not within 30 days of the Township’s oral vote?
2. Whether the Commonwealth Court erred in retroactively applying a ruling where the Commonwealth Court acknowledged the state of the law to be uncertain, where the Borough relied in good faith upon the equivocal language of the MPC, and where the Commonwealth Court’s holding conflicts with this [224]*224Court’s holding in August v. Stasak, 492 Pa. 550, 424 A.2d 1328 (1981)?
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Related
August v. Stasak
424 A.2d 1328 (Supreme Court of Pennsylvania, 1981)
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886 A.2d 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/narberth-borough-v-lower-merion-township-pa-2005.