Under Pennsylvania zoning law, the 30-day clock starts running on the right to file an appeal as soon as a party has “constructive notice” that a zoning permit has been granted – even if that notice began with a casual conversation among neighbors.

That’s the lesson of the Pennsylvania Commonwealth Court’s decision in Hamilton v. Lower Merion Zoning Hearing Board, in which the court ruled that two homeowners had waited too long before appealing the ZHB’s grant of a permit that allowed a single-family dwelling to be developed into a senior living facility.

As part of the ZHB hearing, the Hamiltons admitted that they first became aware of the proposed use of the adjacent property for a senior living facility on October 8, 2021, when a neighbor informed them as to this use.

In their appeal, the Hamiltons said they did not receive a copy of the requested use permit from the Township until October 14, 2021. They argued that their appeal on November 11, 2021, was therefore on time.

The Commonwealth Court disagreed and found that the Hamiltons had “constructive notice” of the permit when a neighbor told them a business was advertising a senior living facility on the property. The Hamiltons confirmed that information later the same day by visiting the business's website and speaking with the executive director.

As a result, the Court determined that Appellant had “constructive notice” of the issued permit at least by October 8, 2021, thereby starting their 30-day appeal period under Section 914.1 of the MPC. Therefore, the Court found their appeal was properly dismissed as untimely.

If you have questions about the filing or striking of land use appeals, or other land use matters, contact Rob Gundlach at 215.918.3636 or rgundlach@foxrothschild.com.