Opinion
Argued October 5, 1979
November 9, 1979.
Argued October 5, 1979, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.
Appeal, No. 2952 C.D. 1978, from the Order of the Court of Common Pleas of Montgomery County in case of In Re: Petition of Ronald S. Mintz and Philip Miller, t/a Wichard-Miller Joint Venture, a Partnership, for Posting of Bond Pursuant to Section 916 of Municipalities Planning Code, No. 78-13877.
Conditional use granted applicant by Horsham Township Council. Protestant appealed to the Zoning Hearing Board of Horsham Township and the Court of Common Pleas of Montgomery County. Applicant filed petition in the Court of Common Pleas of Montgomery County to require posting of bond. Bond ordered posted. Petition for reconsideration filed and heard. Bond posting ordered. Appeal dismissed for failure to post bond. BROWN, J. Protestant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Michael H. Payne, for appellant.
Richard P. McBride, with him Herbert K. Sudfeld, Jr.; Power, Bowen Valimont; Morris Gerber; Gerber, Gerber Shields, for appellee.
Our review of the record in the court below reveals no abuse of discretion or error of law and we believe that Judge BROWN has soundly reasoned the conclusion reached which we will affirm. Judge BROWN's opinion may be found at 105 Montg. 367 (1979).
In addition, we believe that our recent decision in Appeal of Hoak, 44 Pa. Commw. 108, 403 A.2d 639 (1979) is controlling on the issue of the retroactivity of Act 150.
Act of September 28, 1978, P.L. 785, 53 P. S. § 10916.
ORDER
AND NOW, this 9th day of November, 1979, the order of the Court of Common Pleas of Montgomery County dated April 4, 1979 in the above-captioned matter is hereby affirmed.