Practice — Board of view — Exceptions to, and appeal from, award — Timeliness — Failure of board to comply with rule of court below as to notice of filing of report.
In this case, in which it appeared that the board of view gave proper statutory notice of the filing of its report, and notice thereof was received by counsel for the owners the day after it was filed; that the board failed to comply with a rule of the court below which provided that before filing its report, the board of view should be required to give the parties or their counsel five days' notice of its intention to file such report, and should set forth in the report the fact that such notice was given; that the owners filed their exceptions to, and an appeal from, the award of the board after the expiration of the mandatory thirty day period provided by statute, and the court below dismissed the exceptions and the appeal on the ground that they had not been filed within the period prescribed; and that the court below, holding that the owners had not been so prejudiced or so misled to their detriment by the failure of the board to give notice under the rule of the court below as to give rise to an exception to the statutory provision as to the time for filing exceptions and for appeal, denied the owners' rule to show cause why reargument should not be permitted; it was Held that the order of the court below should be affirmed.
Argued September 14, 1964.
OPINION PER CURIAM, December 16, 1964:
This appeal from an order dismissing a rule to show cause why there should not be reargument on exception to, and an appeal from, the award of a Board of View is affirmed upon the opinion of CLINTON BUDD PALMER, P.J., written for the court en banc of the Court of Common Pleas of Northampton County, reported at 34 Pa. D. C.2d 371.