Luke v. Cataldi

DISSENTING OPINION BY

President Judge COLINS.

I respectfully disagree with the majority’s decision affirming the trial court’s decision to dismiss Appellant’s complaint for failure to file a timely appeal of the Supervisors’ decision to grant conditional mining use permits in the above-captioned matter.

The majority opinion avers that in the case of procedural defects, the distinction between the enactment of an ordinance or amendment thereto, as in Schadler v. Zoning Hearing Board of Weisenberg Township, 578 Pa. 177, 850 A.2d 619 (2004), and the grant of a conditional use permit governed by the…