Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2022 | Updated by FindLaw Staff
(a) Filing and notice.--Upon presentation to the court of the filing of an ordinance under section 432(a) 1 or a petition under section 432(b), the court shall direct the prothonotary to give notice of the filing of the ordinance or petition in a newspaper of general circulation in the county where the municipality is located once a week for four consecutive weeks and once in the county legal journal, if any, during the four-week period. The notice shall provide the date the ordinance or petition was filed and specify that exceptions to the ordinance or petition may be filed within 45 days of the date of the filing of the ordinance or petition by any of the following:
(1) the governing body of the municipality;
(2) a taxpayer of the municipality;
(3) any creditor or bondholder of the municipality; or
(4) any collective bargaining unit or contractor of the municipality.
(b) Notice of hearing.--No later than 60 days after the date of the filing of the ordinance or petition, the court shall conduct a hearing on the ordinance or petition and exceptions filed thereto. Notice of the hearing shall be provided by the court to those receiving notice under subsection (a) and to all other parties that have filed exceptions in accordance with subsection (a).
(c) Hearing proceedings.--
(1) The governing body of the municipality and all other individuals and entities which have filed exceptions under subsection (a) shall be parties to the proceedings and shall be entitled to present testimony or other evidence relevant to the nonviability of the municipality or relevant to exceptions timely filed, provided that the court, in its discretion, may consolidate testimony related to similar exceptions.
(2) The coordinator or receiver, or another designee of the secretary, shall testify about the progress of the municipality under the adopted recovery plan under Chapter 2 2 or plan adopted under Chapter 7 3 and render an opinion regarding the viability of the municipality.
(3) The court may examine pertinent financial information and any audits prepared by a certified public accountant of the municipality and receive additional evidence relevant to the matter, including, but not limited to, evidence relating to:
(i) The effect of disincorporation, including provisions for services that would be continued to be provided to residents and property owners of the proposed disincorporated area.
(ii) Additional plans, proceedings or strategies that could ensure that the municipality remain viable.
(iii) The effect of the disincorporation on any bonds, other obligations or agreements of the municipality.
(d) Costs and fees.--Court costs and filing fees associated with proceedings under this subchapter shall be paid by the department.
(e) Judicial decree.--
(1) The court shall issue a decree approving the validity of the ordinance or granting the petition unless it finds, by clear and convincing evidence, that the municipality should continue to exist as a separate municipal corporation because of a reasonable expectation that the municipality is viable.
(2) Upon issuance of the judicial decree, the department and governing body of the municipality shall engage in the duties required by this subchapter to prepare for disincorporation. The disincorporation shall take effect upon the execution of disincorporation under section 439. 4
Cite this article: FindLaw.com - Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 11701.433. Judicial review of ordinance or petition - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-53-ps-municipal-and-quasimunicipal-corporations/pa-st-sect-53-11701-433/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)