When Does the 30 Day Time Period for Appeal Begin Under the Municipalities Code ?
In Oliver v. Board of License and Inspection Review, 761 A.2d 214 (Pa. Cmwlth. 2000), petition for allowance of appeal denied, 566 Pa. 653, 781 A.2d 150 (2001), protestant appealed the issuance of a building permit to the Board of License and Inspection Review.
The appeal was filed beyond the 30 day appeal period.
Noting that the Municipalities Code (MPC) does not apply to Philadelphia, the court nonetheless stated that the principles of Section 914.1 of the MPC apply and the 30 day time period does not begin to run until an aggrieved party knew or should have known of the decision.
Similarly, in Rabenold v. Zoning Hearing Board of the Borough of Palmerton, 777 A.2d 1257 (Pa. Cmwlth. 2001), where neighbors were unaware that a permit issued to the owner of property to renovate a funeral home also included installation of a crematory, this court stated that the 30 day appeal period to the zoning hearing board did not begin to run until the neighbors knew or should have known of the precise nature of the construction.