ORDINANCE - ENACTMENT: FAILURE TO RECORD MAKES ORDINANCE A NULLITY
Cranberry Park Assoc. v. Cranberry Township ZHB, 751 A.2d 165 (Pa. Supreme, May 18, 2000)
Note: Distinguished by Schadler, 814 A.2d 1265, rev'd 850 A.2d 619 and distinguished in Residents Against Matrix 802 A.2d 712
The Pa. Supreme Court has clearly held that a municipal ordinance, including but not limited to zoning, subdivision and land development ordinances become effective only after being properly recorded in the municipality's ordinance book. In the opinion, the Court reiterated its view that the statutory steps for enactment of ordinances are mandatory and nonwaivable and must be strictly followed. Even though the ordinance in this case had been passed almost eight years before its appeal, the court held that the ordinance never became effective because it had not been numbered, dated, signed or recorded. The court dismissed the argument that the failure to record was a procedural defect that must be challenged within thirty days of the effective date. Instead, the court found that the defects were fatal and made the ordinance a nullity.
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