Cumb. Cnty. Pa. 330

As amended through January 1, 2024
Rule 330 - Land Use Appeals
(a) Contemporaneously with the notice of the filing of the complete return of the record, the Prothonotary shall forward the appeal to Court Administration for assignment of a judge of the Court of Common Pleas. The Court Administrator shall assign appeals to the judges on a rotating basis.
(b) Within ten (10) days after the Prothonotary gives notice of the filing of the complete return of the record, any party who believes the appeal is not ready for disposition may file a motion for a conference. The motion for a conference shall state why the party believes that the appeal is not ready for disposition and shall identify all actions that the party requests. The Prothonotary shall immediately serve a copy of the motion upon the assigned judge.
(c) At the conference, the Court may:
(1) Require or approve supplementation of the record.
(2) Fix a time for a de novo hearing before the Court.
(3) Employ expert(s) to aid the Court to frame an appropriate order.
(4) Refer the appeal to a referee to receive additional evidence, with directions as to time deadlines and other matters the Court deems appropriate.
(5) If allowed by law, remand the appeal to the local agency with directions as to time deadlines and other matters, including mediation.
(6) Specially set a date for oral argument.
(d) After the conference, the Court shall issue an appropriate order addressing the filing of briefs.
(e) If no party has filed a request for a conference within ten (10) days after the Prothonotary gives notice of the filing of the complete return of the record, the Court shall immediately issue a standard order setting a briefing schedule and specially set a date for oral argument.
(f) The standard briefing schedule shall be as follows:
(1) The appellant shall file a brief within forty (40) days after the date the Prothonotary gives notice of the filing of the local agency's complete record. The appellant shall limit the brief to the issues appellant raised in the land use appeal.
(2) Each other party shall file a responsive brief within thirty (30) days after service of appellant's brief.
(3) The appellant may file a reply brief within ten (10) days after service of the responsive brief.
(g) If appellant fails to file a brief within the time period established under the rules of this section or by the Court after a conference, any party may file and serve a praecipe stating that the appeal is ready for disposition together with a brief, or may petition the Court for dismissal of the appeal. If a party files a praecipe requesting disposition due to the failure of the appellant to file a brief, the Court shall render a decision, without oral argument, on the record before it.

Cumb. Cnty. Pa. 330

Amended effective 1/1/2024.