THE COURTS

Title 255—LOCAL COURT RULES

MONTGOMERY COUNTY

Amendment to Local Rule of Civil Procedure 14—Land Use Appeals: Zoning, Subdivision and Land Development; No. 2019-00001

[49 Pa.B. 2717]
[Saturday, June 1, 2019]

Order

 And Now, this 14th day of May, 2019, the Court hereby amends Montgomery County Local Rule of Civil Procedure 14—Land Use Appeals: Zoning, Subdivision and Land Development. These Rule changes shall become effective 30 days after publication in the Pennsylvania Bulletin.

 The Court Administrator is directed to publish this Order once in the Montgomery County Law Reporter and in The Legal Intelligencer. In conformity with Pa.R.J.A. 103, one (1) certified copy of this Order shall be filed with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) copy shall be filed with the Law Library of Montgomery County, and one (1) copy with each Judge of this Court. This Order shall also be published on the Court's website and incorporated into the complete set of the Court's Local Rules.

By the Court

THOMAS M. DelRICCI, 
President Judge

Rule 14. Land Use Appeals: Zoning, Subdivision and Land Development.

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i.	Land Use Appeals Settlement Stipulation Verification. Any Settlement of a Land Use Appeal shall include a Land Use Appeal Settlement Stipulation Verification.

[See Forms Index]

LAND USE APPEAL
SETTLEMENT STIPULATION VERIFICATION

 We, the undersigned, are competent and authorized to execute this Verification, as required by Local Rule of Civil Procedure 14(i), verifying the following:

 1. The attached settlement stipulation involves a justiciable land use appeal, which (a) arises from a properly advertised public meeting or hearing where a record certified in accordance with Local Rule of Civil Procedure 14(c)(iii) was made before the associated municipal agency, and the public and potential objectors had an opportunity to participate in accord with the Pennsylvania Municipalities Planning Code and Sunshine Law, as amended respectively; and as such (b) confers jurisdiction on this Court in accord with the Pennsylvania Municipalities Planning Code or other lawful land use action such as mandamus;

 2. The attached settlement stipulation does not involve any property that was not part of the underlying application or action before the associated municipal agency;

 3. The attached settlement stipulation does not approve or grant relief from any ordinance regulation not properly before the associated municipal agency as part of the underlying application or action;

 4. The attached settlement stipulation does not provide for this Court's continuing jurisdiction and expressly states that upon this Court's approval of the settlement stipulation, any and all underlying appeals shall be immediately marked ''settled, discontinued and ended'' by the Prothonotary; and

 5. The attached settlement stipulation does not arise from a matter commenced by and immediately following the filing of a writ of summons praecipe under Pa.R.C.P. 1007(1), where no complaint is filed of record expressly identifying the underlying action as one involving a justiciable land use appeal.

 In making this Verification, we the undersigned, understand that (1) any settlement stipulation lacking the above settlement criteria shall render the settlement null and void in its entirety, upon the proper motion and determination by this Court; and (2) any falsifications herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.

DATE: ______

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Signed by Parties or
Counsel Authorized by Parties

[Pa.B. Doc. No. 19-818. Filed for public inspection May 31, 2019, 9:00 a.m.]

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