Petro v. Kennedy Township Board of Commissioners

In Petro v. Kennedy Township Board of Commissioners, 49 Pa. Commw. 305, 411 A.2d 849 (Pa. Cmwlth. 1980), the Court considered whether a trial court erred in failing to hold a hearing on an application for preliminary injunction. The appellants stated in their brief that they requested, but were denied, a hearing; however, the record contained no evidence indicating that such a request was made, and the trial court did not mention a hearing in its opinion. The Court held that, where an appellate court cannot determine from the record whether a trial court erred in failing to hold a hearing, an appellate court will presume that there was no error. The Court pointed out that the appellants could have petitioned the trial court to enlarge the record to contain evidence showing that they requested a hearing and that their request was denied. Id.