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PA Bulletin, Doc. No. 17-572

THE COURTS

CUMBERLAND COUNTY

Rules of the Court of Common Pleas; Local Rule 230—Disposition of Land Use Appeals in the Court of Common Pleas

[47 Pa.B. 2102]
[Saturday, April 8, 2017]

Order of Court

 And Now, this 22nd day of March, 2017, it is hereby Ordered and Decreed, that effective thirty (30) days after publication in the Pennsylvania Bulletin, the Cumberland County Court of Common Pleas adopts local rule 230, governing procedure for the disposition of land use appeals in the Court of Common Pleas for the 9th Judicial District.

 The Cumberland County District Court Administrator is Ordered and Directed to do the following:

 1. File one (1) copy to the Administrative Office of Pennsylvania Courts via email to adminrules@pacourts.us.

 2. File two (2) paper copies and one (1) electronic copy in a Microsoft Word format only to bulletin@palrb.us with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

 3. Publish these Rules on the Cumberland County Court website at www.ccpa.net.

 4. Incorporation of the local rule into the set of local rules on www.ccpa.net within thirty (30) days after the publication of the local rule in the Pennsylvania Bulletin.

 5. File one (1) copy of the local rule in the appropriate filing office for public inspection and copying.

 6. Forward one (1) copy to the Cumberland Law Journal.

By the Court

EDWARD E. GUIDO, 
President Judge

LAND USE APPEALS

Rule 230. Disposition.

 1. Contemporaneously with the notice of the filing of the complete return of the record, the Prothonotary shall forward the appeal to Court Administration for assignment of a Judge of the Court of Common Pleas. The Court Administrator shall assign appeals to the Judges on a rotating basis.

 2. Within ten (10) days after the Prothonotary gives notice of the filing of the complete return of the record, any party who believes the appeal is not ready for disposition may file a motion for a conference. The motion for a conference shall state why the party believes that the appeal is not ready for disposition and shall identify all actions that the party requests. The Prothonotary shall immediately serve a copy of the motion upon the assigned Judge.

 3. At the conference, the Court may, inter alia:

 a. Require or approve supplementation of the record.

 b. Fix a time for a de novo hearing before the Court.

 c. Employ expert(s) to aid the Court to frame an appropriate order.

 d. Refer the appeal to a referee to receive additional evidence, with directions as to time deadlines and other matters the Court deems appropriate.

 e. If allowed by law, remand the appeal to the local agency with directions as to time deadlines and other matters, including mediation.

 4. After the conference, the Court shall issue an appropriate order addressing the filing of briefs.

 5. If no party has filed a request for a conference within ten (10) days after the Prothonotary gives notice of the filing of the complete return of the record, the Court shall immediately issue a standard order setting a briefing schedule and date for oral argument.

 6. The standard briefing schedule shall be as follows:

 The appellant shall file a brief within forty (40) days after the date the Prothonotary gives notice of the filing of the local agency's complete record. The appellant shall limit the brief to the issues appellant raised in the land use appeal.

 Each other party shall file a responsive brief within thirty (30) days after service of appellant's brief.

 The appellant may file a reply brief within ten (10) days after service of the responsive brief.

 7. Within the standard order setting the briefing schedule, the judge shall schedule oral argument for the next argument term corresponding with the close of the briefing period.

 8. If appellant fails to file a brief within the time period established under the rules of this section or by the Court after a conference, any party may file and serve a praecipe stating that the appeal is ready for disposition together with a brief or may petition the Court for dismissal of the appeal. If a party files a praecipe requesting disposition due to the failure of the appellant to file a brief, the Court shall render a decision, without oral argument, on the record before it.

[Pa.B. Doc. No. 17-572. Filed for public inspection April 7, 2017, 9:00 a.m.]


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