How Do Courts Deal With Cases Where a Defective Bond or No Bond Has Been Filed ?
In Linda Development Corp. v. Plymouth Township, 3 Pa. Commw. 334, 281 A.2d 784 (Pa. Cmwlth. 1971), a complaint challenging the procedural validity of a zoning amendment was filed by the appellees pursuant to section 1502 of the First Class Township Code, which, as it then existed, provided that a complaint as to the legality of an ordinance may be made "upon entering into bond with sufficient security to be approved by the court . . . ."
The appellant filed a motion to strike the complaint for failure to file the required bond, but the trial court granted the appellees leave to file the bond nunc pro tunc and dismissed the appellant's motion.
This court reversed.
Relying on New Castle, we held that, where a defective bond has been filed by an appellant, the established practice is to permit the appellant to perfect the bond or file another one nunc pro tunc; however, where no bond has been filed, and such a statutory requirement is wholly lacking, the appeal will be dismissed.