MORGAN APPEAL, 424 Pa. 468 (1967)

227 A.2d 678

Morgan Appeal.

Supreme Court of Pennsylvania.January 10, 1967.
March 14, 1967.

Appeals — Rule 68 1/2 — Quashing appeal.

1. Where a case comes within the scope of Supreme Court Rule 68 1/2 and the appellant takes an appeal without complying with the requirements of that Rule, the appeal must be quashed. [469]

Appeals — Persons aggrieved — Standing to appeal.

2. A person who unsuccessfully petitions a court of quarter sessions to appoint a township supervisor has no standing to take an appeal from the court order appointing a township supervisor. [469-70]

Before BELL, C. J., JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Page 469

Appeal, No. 65, Jan. T., 1967, from order of Court of Quarter Sessions of Montgomery County, April T., 1966, No. 38, in re petition for appointment of supervisor of Lower Frederick Township. Appeal quashed.

Petition to have vacancy filled on board of supervisors.

Order entered appointing township supervisor, opinion by FORREST, P. J., GROSHENS, J., and HONEYMAN, J. Petitioner appealed.

Leonard Levin, with him Sydney Finkelstein, for appellant.

No argument was made nor brief submitted for appellee.

OPINION BY MR. JUSTICE JONES, March 14, 1967:

This is an appeal from an order of the Court of Quarter Sessions of Montgomery County which appointed a township supervisor under the provisions of The Second Class Township Code (Act of May 1, 1933, P. L. 103, § 420, as amended, 53 P. S. § 65420) . The statute is silent on the question of appellate review and, therefore, appellant should have applied to this Court, within 30 days from the date of the order, for a special allowance of an appeal under Rule 68 1/2 of this Court. Appellant having failed to comply with that Rule, the appeal must be quashed. Martonich v. Beattie, 383 Pa. 168, 117 A.2d 715 (1955), upon which appellant relies, was decided prior to the promulgation of Rule 68 1/2 and is not apposite.

Moreover, the instant appeal is taken by Frank D. Morgan, one of the township supervisors who presented, unsuccessfully, one of the petitions to the court below for appointment of a supervisor to fill a vacancy on the township board. As an unsuccessful petitioner

Page 470

Morgan lacks standing to take this appeal: Keystone Raceway Corporation v. State Harness Racing Commission, 405 Pa. 1, 173 A.2d 97 (1961); Ritter Finance Company, Inc. v. Myers, 401 Pa. 467, 165 A.2d 246 (1960).

For both reasons, this appeal must be quashed. Appellant to pay costs.