Blair v. Zoning Hearing Board

OPINION

ZAPPALA Justice.

We must determine whether this land use appeal was properly dismissed due to lack of prosecution. For the reasons that follow, we hold that principles governing the dismissal of cases for inactivity apply to proceedings under the Municipalities Planning Code. We further hold that, under the circumstances of the instant case, the failure of the Zoning Hearing Board to certify the record for appeal does not constitute a compelling reason for the delay in prosecution.

On October 2, 1989, Appellants, Richard Blair and Ingrid Morning, appealed a decision of the Zoning Hearing…