§ 753 — Scope of review

Pennsylvania § 753

• Jurisdiction: Pennsylvania
• Title 2: ADMINISTRATIVE LAW AND PROCEDURE
• Ch. 7: JUDICIAL REVIEW
• Subch.: JUDICIAL REVIEW OF LOCAL AGENCY ACTION

Text

(a) General rule.--A party who proceeded before a local agency under the terms of a particular statute, home rule charter, or local ordinance or resolution shall not be precluded from questioning the validity of the statute, home rule charter or local ordinance or resolution in the appeal, but if a full and complete record of the proceedings before the agency was made such party may not raise upon appeal any other question not raised before the agency (notwithstanding the fact that the agency may not be competent to resolve such question) unless allowed by the court upon due cause shown.

(b) Equitable relief.--The remedy at law provided by subsection (a) shall not in any manner impair the right to equitable relief heretofore existing, and such right to equitable relief is hereby continued, notwithstanding the provisions of subsection (a).