Local Agency Law

Judicial Review


2 Pa CS 751 Scope of subchapter

(a) General rule.-Except as provided in subsection (b), this
subchapter shall apply to all local agencies regardless of the fact that a
statute expressly provides that there shall be no appeal from an
adjudication of an agency, or that the adjudication of an agency shall
be final or conclusive, or shall not be subject to review.
(b) Exception.-The provisions of this subchapter shall apply to
any adjudication which under any existing statute may be appealed to a
court of record, but only to the extent not inconsistent with such
statute.

HISTORY: 4-28-78, Act 53, § 5 (PL 202), eff. 6-27-78


2 Pa CS 752 Appeals

Any person aggrieved by an adjudication of a local agency who has
a direct interest in such adjudication shall have the right to appeal
therefrom to the court vested with jurisdiction of such appeals by or
pursuant to Title 42 (relating to judiciary and judicial procedure).

HISTORY: 4-28-78, Act 53, § 5 (PL 202), eff. 6-27-78


2 Pa CS 753 Scope of review

(a) General rule.-A party who proceeded before a local agency
under the terms of a particular statute, home rule charter, or local
ordinance or resolution shall not be precluded from questioning the
validity of the statute, home rule charter or local ordinance or
resolution in the appeal, but if a full and complete record of the
proceedings before the agency was made such party may not raise
upon appeal any other question not raised before the agency
(notwithstanding the fact that the agency may not be competent to
resolve such question) unless allowed by the court upon due cause
shown.
(b) Equitable relief.-The remedy at law provided by subsection
(a) shall not in any manner impair the right to equitable relief
heretofore existing, and such right to equitable relief is hereby
continued, notwithstanding the provisions of subsection (a).

HISTORY: 4-28-78, Act 53, § 5 (PL 202), eff. 6-27-78


2 Pa CS 754 Disposition of appeal

(a) Incomplete record.-In the event a full and complete record of
the proceedings before the local agency was not made, the court may
hear the appeal de novo, or may remand the proceedings to the agency
for the purpose of making a full and complete record or for further
disposition in accordance with the order of the court.
(b) Complete record.-In the event a full and complete record of
the proceedings before the local agency was made, the court shall hear
the appeal without a jury on the record certified by the agency. After
hearing the court shall affirm the adjudication unless it shall find that
the adjudication is in violation of the constitutional rights of the
appellant, or is not in accordance with law, or that the provisions of
Subchapter B of Chapter 5' (relating to practice and procedure of local
agencies) have been violated in the proceedings before the agency, or
that any finding of fact made by the agency and necessary to support
its adjudication is not supported by substantial evidence. If the
adjudication is not affirmed, the court may enter any order authorized
by 42 Pa.C.S. § 706 (relating to disposition of appeals).

HISTORY: 4-28-78, Act 53, § 5 (PL 202), eff. 6-27-78

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