Herdelin v. Greenberg

15 Citing cases

  1. Isaacson et ux. v. Flanagan et al

    460 A.2d 884 (Pa. Cmmw. Ct. 1983)   Cited 4 times

    In re: Appeal of Gilbert, 34 Pa. Commw. 299, 304, 383 A.2d 556, 558 (1978). We recognized in Herdelin v. Greenberg, 16 Pa. Commw. 405, 328 A.2d 552 (1974) that strong considerations of policy require strict adherence to zoning procedures at the municipal level in zoning cases: Procedures established for the conduct of the hearing and disposition of such cases before the administrative and quasi-administrative agencies to whom they are committed are not, therefore, to be treated casually or lightly disregarded.

  2. Daniel v. B J Realty

    589 A.2d 998 (N.H. 1991)   Cited 6 times
    In Daniel, the Henniker Zoning Board of Adjustment (HZBA) allowed the plaintiffs to proceed in an appeal that had been filed fifteen days after an administrative decision by the Henniker Board of Selectmen, even though the HZBA had adopted rules of procedure establishing that "appeals from an administrative decision taken under RSA 676:5 shall be filed within 14 days of the decision."

    Because the time limit is consistent with the enabling statute, the ZBA was required to apply the rule literally. See Herdelin v. Greenberg, 328 A.2d 552, 554-55 (Pa.Commw. Ct. 1974); Bertrand v. Zoning Bd. of Review, 99 R.I. 329, 331, 207 A.2d 604, 605 (1965) (cited in City of Keene v. Zoning Bd. of Adjustment, 114 N.H. 744, 746, 329 A.2d 141, 142 (1974)); Nolfi v. Zoning Bd. of Review, 91 R.I. 444, 445-46, 164 A.2d 695, 696 (1960). The plaintiffs' reliance on Shaw v. City of Manchester, 118 N.H. 158, 384 A.2d 491 (1978), in support of the position that the ZBA has discretion to waive its own rules, is misplaced.

  3. Highland Park Community v. Zoning Board of Adjustment

    509 Pa. 605 (Pa. 1986)   Cited 17 times
    Rejecting vested rights claim because applicant's expenditures were not "unrecoverable" and, in doing so, distinguishing cases finding vested rights where applicants applied for permits before they completed purchase of their properties

    Appellant has vigorously argued that appellees' protest to the Board of Zoning Adjustment was not timely filed. He argues that Rule 401 of the Rules of Procedure of the Board of Adjustment bars appeals from decisions of the Superintendent of the Bureau of Building Inspection taken more than thirty days "after the appellant first has notice of the decision of the Superintendent of the Bureau of Building Inspection", citing Herdelin v. Greenberg, 16 Pa. Commw. 405, 328 A.2d 552 (1974) to the effect that the appellees are bound by the knowledge of their original attorney. That case is not on point because the Zoning Board rules there applicable provided for a ten day appeal period, and the attorney hired by protestants in Herdelin had notified the permit holder of his intention to appeal, but took no action for forty days. At least one of the protestants before this Board attested on the record that he did not become aware of the permit more than thirty (30) days before the filing of the appeal. The Board's allowance of the appeal was both correct and appropriate.

  4. Ro-Med Const. Co. v. Clyde M. Bartley

    270 Pa. Super. 420 (Pa. Super. Ct. 1979)   Cited 2 times

    Lawfully adopted regulations are as binding on a court as a statute. Pa. Human Relations Commission v. Norristown AreaSchool District, 20 Pa. Commw. 555, 342 A.2d 464 (1975); Herdelin v. Greenberg, 16 Pa. Commw. 405, 328 A.2d 552 (1974); Good v. Wohlgemuth, 15 Pa. Commw. 524, 327 A.2d 397 (1974). The regulations hereinabove referred to provide:

  5. Williams v. Wetzel

    222 A.3d 49 (Pa. Cmmw. Ct. 2019)   Cited 3 times

    ; In re Bentleyville Plaza, Inc. , 38 Pa.Cmwlth. 235, 392 A.2d 899, 901 (1978) ("[A]dministrative agencies are bound equally with others by their own regulations which have the force and effect of law."); Herdelin v. Greenberg , 16 Pa.Cmwlth. 405, 328 A.2d 552, 554 (1974) ("Authorized regulations of an administrative agency have the force and effect of law and bind the agency equally with others."); Good v. Wohlgemuth , 15 Pa.Cmwlth. 524, 327 A.2d 397, 400 (1974) (en banc) ("The properly authorized rules and regulations of an administrative agency have the force and effect of law and bind the agency equally with others.").

  6. Smithkline Beckman C. v. Com

    85 Pa. Commw. 437 (Pa. Cmmw. Ct. 1984)   Cited 29 times
    Giving an agency interpretation "great judicial deference"

    As has been indicated, SmithKline principally argues that this case is controlled by the Department's regulation found at 61 Pa. Code § 153.26(a) mandating the exclusion of interest on United States obligations and dividends received from the capital stock tax apportionment Sales Factor. The Commonwealth does not dispute that this regulation, if given effect, would require a decision in favor of SmithKline. Neither does the Commonwealth seriously controvert the principle, on which SmithKline places its reliance and which is supported by numerous authorities, that, in the usual case, an administrative agency is no more free to ignore its regulations than are persons sought to be regulated. Commonwealth v. Harmar Coal Co., 452 Pa. 77, 97, 306 A.2d 308, 319 (1973) appeal dismissed sub nom, Pittsburgh Coal Co. v. Pennsylvania, 415 U.S. 903 (1974); Herdelin v. Greenberg, 16 Pa. Commw. 405, 408, 328 A.2d 552, 554 (1974); Good v. Wohlgemuth, 15 Pa. Commw. 524, 528, 327 A.2d 397, 400 (1974). However, the Commonwealth contends that the regulation is an erroneous statement of the law and must for that reason be disregarded, notwithstanding that it has not been amended or repealed. It is not necessary to decide the correctness, generally, of the Commonwealth's position, which seems to us to invite the very real danger of substantial inequity and prejudice to taxpayers like SmithKline who elect, as is their statutory right, to use a particular tax computational formula and whose election is based on preliminary calculations as to the effect of the methods made available in the Department's regulations.

  7. Graduate Hospital v. Phila. Z.B. of A.

    82 Pa. Commw. 374 (Pa. Cmmw. Ct. 1984)   Cited 5 times
    Vacating the common pleas court's order and remanding the case to develop an adequate record on a timeliness issue where the Board's findings were not sufficient for appellate review.

    As we have stated, "This is not to say that the Board may not allow a late appeal where the appellant did not know, or have reason to know, of the departmental decision from which he seeks to appeal." Herdelinv. Greenberg, 16 Pa. Commw. 405, 40809, 328 A.2d 552, 555 (1974). Rather, the court reasoned that the erection of the construction sign in early December, 1981, placed appellants on notice.

  8. Haibach v. Northwest Tri-County Intermediate Unit No. 5

    471 A.2d 914 (Pa. Cmmw. Ct. 1984)

    (Emphasis added.) This regulation, which has the force and effect of law, Herdelin v. Greenburg, 16 Pa. Commw. 405, 328 A.2d 552 (1974), supports the plaintiff's contention that teachers in pre-school programs, administered by intermediate units, are subject to certification requirements and thus, are also subject to the other provisions of the Code. Our decision in Philadelphia Federation of Teachers is not to the contrary.

  9. Zon. Bd. of A. v. Ogontz A. N. Assn

    414 A.2d 419 (Pa. Cmmw. Ct. 1980)   Cited 1 times

    In its opinion the Board found that the permit was issued on the basis that use being expanded existed in that building prior to enactment of the zoning ordinance on August 10, 1933. It appears that the appeal was untimely filed under the Zoning Code of Philadelphia County and the rules adopted thereunder, Herdelin v. Greenberg, 16 Pa. Commw. 405, 328 A.2d 552 (1974); however this issue was not properly raised for our consideration. Protestants appealed the Board's decision to the Philadelphia Court of Common Pleas. That Court affirmed the Board's decision by order of June 12, 1978, which order is now on appeal before us.

  10. Lycoming Burial Vault Co. v. Zoning Hearing Board

    399 A.2d 144 (Pa. Cmmw. Ct. 1979)   Cited 3 times

    The filing of a timely appeal as provided by Section 915 is jurisdictional. Township of Upper Moreland v. Gaunt, 16 Pa. Commw. 334, 328 A.2d 556 (1974); Herdelin v. Greenberg, 16 Pa. Commw. 405, 328 A.2d 552 (1974). Order reversed; the appeal dated July 15, 1976 of "neighbors in the area" to the Zoning Hearing Board of Montoursville is quashed.