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Kuiper, Appellant, v. Upper Merion Township.

Zoning — Practice — Board of adjustment decision — Appeal — Timeliness — Act of July 10, 1947, P. L. 1481.

An appeal from a decision of a zoning board of adjustment in a second-class township which is not taken within the thirty day period allowed by the Second Class Township Code, as amended by the Act of July 10, 1947, P. L. 1481, § 47, must be dismissed.

OPINION PER CURIAM, September 30, 1957:

This appeal comes before us from a judgment of the Court of Common Pleas of Montgomery County dismissing the appeal of Claudius Kuiper and Janet M. Kuiper from a decision of the Upper Merion Township (Zoning) Board of Adjustment.

The only question presented is whether the court below properly dismissed the appeal on the ground that it was not taken within the period allowed by The Second Class Township Code. Act of July 10, 1947, P. L. 1481, § 47, as amended, 53 P. S. § 19093-2007 (Supp.).

For the reasons stated in the opinion of CORSON, J., reported in 10 Pa. D. C.2d 20, the judgment of the Court of Common Pleas of Montgomery County is affirmed.

Judgment affirmed.

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KUIPER v. UPPER MERION TWP
(Sep 30, 1957)