PRINTER'S NO. 2093
No. 1477 Session of 2002
INTRODUCED BY GERLACH, JUNE 17, 2002
REFERRED TO LOCAL GOVERNMENT, JUNE 17, 2002
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 appeals generally.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5571(c)(5) of Title 42 of the
7 Pennsylvania Consolidated Statutes is amended to read:
8 § 5571. Appeals generally.
9 * * *
10 (c) Exceptions.--
11 * * *
12 (5) Ordinances, resolutions, maps, etc.--Questions
13 relating to an alleged defect in the process of enactment or
14 adoption of any ordinance, resolution, map or similar action
15 of a political subdivision shall be raised by appeal
16 commenced within 30 days after the effective date of the
17 ordinance, resolution, map or similar action. Unless
18 otherwise specified in the ordinance, resolution, map or
1 similar action the effective date shall be the sixth day
2 following the day when the ordinance, resolution, map or
3 similar action was voted upon and adopted, regardless of any
4 procedural defects in the enactment process. Further, any
5 party challenging the validity of an ordinance, resolution,
6 map or similar action upon grounds of procedural defects in
7 the enactment process shall be required to prove by a
8 preponderance of the evidence that actual, substantial harm
9 to the challenging party was caused by the procedural defect.
10 * * *
11 Section 2. This act shall take effect in 60 days.
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