E. Wright v. Town of McCandless
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 28, 2026
Docket922 C.D. 2025
JudgeMcCullough
StatusPublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Ellen Wright, :
Appellant :
v. : No. 922 C.D. 2025
:
Town of McCandless : Submitted: September 14, 2026
BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge
HONORABLE STACY WALLACE, Judge
HONORABLE STELLA M. TSAI, Judge
OPINION
BY JUDGE McCULLOUGH FILED: October 28, 2026
Ellen Wright (Appellant) appeals pro se from the June 23, 2025 order
entered by the Court of Common Pleas of Allegheny County (trial court) quashing her
statutory appeal challenging an ordinance and resolution adopted by the Town of
McCandless (Town) as untimely pursuant Section 5571.1(b)(1) of the Judicial Code,1
with no applicable exception to the 30-day appeal period. After careful review, we
affirm.
Background
This appeal arises from the Town’s adoption of Ordinance No. 1555
(Ordinance) concerning grading requirements, and Resolution 2025-02 (Resolution),
adopting an appointment policy for its boards, commissions and special committees.
(Reproduced Record (R.R.) at 11a-13a.) The Town provided notice of the upcoming
public Town Council meetings on the Ordinance in the January 23, 2025 edition of the
Pittsburgh Post-Gazette. (R.R. at 107a.) At its March 10, 2025 meeting, the Town
1
See 42 Pa.C.S. § 5571.1(b)(1) (providing that challenges to the procedural validity of
ordinances must “be brought within 30 days of the intended effective date of the ordinance”).
Council heard public comment on the Ordinance and Resolution, including from
Appellant, who was present and spoke about her concerns. (R.R. at 28a.) At the
conclusion of the meeting, the Town Council adopted the Ordinance and Resolution
by a unanimous vote of six to zero. (R.R. at 30a.) Both the Ordinance and the
Resolution expressly included an intended effective date of March 10, 2025. (R.R. at
12a, 14a.)
On April 10, 2025, Appellant filed a statutory appeal challenging the
procedural validity of the Ordinance and Resolution in the trial court. Appellant chiefly
claimed the enactment process was defective because the Town Planning Commission
did not review the Ordinance and Resolution at any time prior to the Town Council
vote on the matter.2 On May 20, 2025, the Town filed a motion to quash the appeal as
untimely for Appellant’s failure to comply with Section 5571.1(b)(1) of the Judicial
2
Specifically, Appellant asserted the Town’s actions were contrary to law because:
(a) The Resolution 2025-02 misstates that the Town did not have an
Appointment Policy and omits the 2016, 2018 and 2022 Appointment
Policies;
(b) The Public Hearing for the Grading, Excavation, and Fill Ordinance
#1555 happened prior to the Planning Commission review;
(c) The Planning Commission review lacked a formal presentation;
(d) The Planning Commission review only partially reviewed the
Grading Permit since the actual permit was not reviewed; and,
(e) The stated reasons for repealing and replacing the Ordinance #1555
do not align with the purpose of Ordinance #1555.
(R.R. at 9a, Appellant’s Statutory Appeal); see also R.R. at 127a (Appellant’s Answer to Motion to
Quash indicating that the Ordinance was not reviewed by the Planning Commission at any time).
We note that the record does not support these claims, as the meeting minutes from
the March 10, 2025 Town Council meeting state that the Planning Commission had reviewed the
Ordinance and proposed no changes. (R.R. at 30a.)
2
Code. Appellant filed a response generally denying that her appeal was untimely.
However, Appellant did not address Section 5571.1, any exception to its 30-day appeal
deadline, or any other legal authority pursuant to which her appeal was timely. (R.R.
at 124a-28a.) On June 23, 2025, the trial court issued an order quashing the appeal as
untimely.
Appellant appealed from the trial court’s order to this Court. On
September 17, 2025, the trial court entered an opinion explaining that it quashed
Appellant’s statutory appeal pursuant to Section 5571.1(b)(1) because the 30-day
deadline for filing a timely appeal closed on April 9, 2025, and Appellant did not file
her appeal until April 10, 2025. The trial court additionally concluded Appellant failed
to establish any defect in the Town’s enactment procedure entitling her to an exemption
from the timeliness requirement under Section 5571.1(c) of the Judicial Code.3 (R.R.
at 145a-46a.)
Issues
Appellant contends the trial court erred in quashing her appeal because,
contrary to the trial court’s finding, the appeal period began on March 11, 2025, not on
March 10, 2025. Appellant maintains the trial court’s reliance on Section 5571.1 to
compute the appeal period was problematic, and points to various other time
computation methods under state and federal law. (Appellant’s Br., at 10-12.)
Appellant additionally raises a constitutional challenge to the Town’s
enactment process, thereby invoking application of an exemption to the 30-day filing
requirement. Specifically, Appellant asserts the Town did not follow appropriate post-
3
Section 5571.1(c) of the Judicial Code provides a limited exemption to the 30-day appeal
period under circumstances where a party demonstrates that, “because of the particular nature of the
alleged defect in statutory procedure, the application of the time limitation under subsection (b) would
result in an impermissible deprivation of constitutional rights.” 42 Pa.C.S. § 5571.1(c).
3
enactment procedures in adopting the Ordinance and Resolution and violated the Town
residents’ due process rights by failing to advertise the measures after they were
adopted. (Appellant’s Br., at 13.)4
Analysis
We begin by observing that Section 5571.1 of the Judicial Code “imposes
time limits, other limitations, burdens of proof, procedures and presumptions that apply
to ‘any appeal raising questions relating to an alleged defect in the process of or
procedure for enactment or adoption of any ordinance, resolution, map or similar action
of a political subdivision.’ 42 Pa.C.S. § 5571.1.” Northwest Wissahickon
Conservancy, Inc. v. Philadelphia City Planning Commission, 64 A.3d 1135, 1142 (Pa.
Cmwlth. 2013) (emphasis added).5 This provision “embodies the legislative intent to
promote the finality of enactment of ordinances[.]” Id. Additionally, “[w]here, as here,
the right to appeal is statutory, the appellant must act in strict accordance with the
governing statutory provisions.” South Chester County Concerned Citizens
Organization v. Zoning Board of Lower Oxford Township, 937 A.2d 1141, 1143 (Pa.
Cmwlth. 2007). “The timeliness of an appeal and compliance with the statutory
provisions that grant the right of appeal go to the jurisdiction of the court and its
competency to act.” Id.
Section 5571.1(b) states as follows:
4
“This Court’s standard of review of a trial court’s order granting a motion to quash an appeal
is limited to determining whether the trial court committed an error of law, an abuse of discretion, or
a violation of constitutional rights.” Gates v. City of Pittsburgh Historic Review Commission, 254
A.3d 803, 808 n.6 (Pa. Cmwlth. 2021). To the extent this appeal involves statutory interpretation,
“our standard of review is de novo and our scope of review is plenary.” Uniontown Newspapers, Inc.
v. Pennsylvania Department of Corrections, 243 A.3d 19, 24 n.4 (Pa. 2020).
5
Section 5571.1(g) of the Judicial Code defines the term “Ordinance” broadly to include “[a]n
ordinance, resolution, map or similar action of a political subdivision.” 42 Pa.C.S. § 5571.1(g).
4
(b) Appeals of defects in statutory procedure.--
(1) Any appeal raising questions relating to an alleged defect
in statutory procedure shall be brought within 30 days of the
intended effective date of the ordinance.
(2) Except as provided in subsection (c), it is the express
intent of the General Assembly that this 30-day limitation
shall apply regardless of the ultimate validity of the
challenged ordinance.
42 Pa.C.S. § 5571.1(b)(1)-(2). Thus, under the operative provisions, any appeal
raising questions relating to an alleged defect in statutory procedure concerning an
ordinance or resolution must be brought within 30 days of the intended effective date,
and it is the express intent of the General Assembly that this 30-day limitation apply
regardless of the ultimate validity of the challenged enactment. See id. Additionally,
the phrase “[i]ntended effective date” as used in Section 5571.1(b)(1) is defined as
follows:
Notwithstanding the validity of the challenged ordinance, the
effective date specified in the challenged ordinance or, if
no effective date is specified, the date 60 days after the date
the ordinance would have been finally adopted but for the
alleged defect in the process of enactment or adoption.
42 Pa.C.S. § 5571.1(g) (emphasis added).
Here, as the trial court observed, both the Ordinance and the Resolution
specifically included an intended effective date of March 10, 2025. (R.R. at 12a-14a.)
Therefore, the appeal period began to run on that date, and expired 30 days later, on
April 9, 2025. (R.R. at 146a.) Because Appellant did not file her appeal until April
10, 2025, it was facially untimely. While Appellant attempts to circumvent this
timeliness requirement by citing various inapplicable state and federal provisions, we
agree with the trial court that Section 5571.1 of the Judicial Code clearly controls, as
5
by its plain language it encompasses “any appeal” raising a procedural challenge to an
ordinance. 42 Pa.C.S. § 5571.1(b)(1).
With respect to Appellant’s constitutional claim, Section 5571.1(c)
provides a limited mechanism for an untimely challenge to the enactment process of
an ordinance, as follows:
(c) Exemption from limitation.--An appeal shall be exempt
from the time limitation in subsection (b) if the party bringing
the appeal establishes that, because of the particular nature
of the alleged defect in statutory procedure, the
application of the time limitation under subsection
(b) would result in an impermissible deprivation of
constitutional rights.
42 Pa.C.S. § 5571.1(c) (emphasis added).
Therefore, “[w]hen a party seeks to bring a procedural challenge under
Section 5571.1 of the Judicial Code beyond the thirty-day limitation period, a party
must first demonstrate that ‘because of the alleged defect in statutory procedure, the
application of the [thirty-day] time limitation . . . would result in an impermissible
deprivation of constitutional rights.’” Bartkowski Investment Group, Inc. v. Board of
Commissioners of Marple Township, 18 A.3d 1259, 1264 (Pa. Cmwlth. 2011) (quoting
Section 5571.1(c) of the Judicial Code).
Instantly, Appellant argues for the first time on appeal that an
impermissible deprivation of Town residents’ constitutional rights occurred because
the Town failed to engage in “post enactment public advertisement” of the Ordinance
and Resolution. (Appellant’s Br., at 13.) However, the Town rejoins that Appellant
waived this contention on appeal for her failure to raise it before the trial court.
(Town’s Br., at 16.) We agree with the Town, as our review of the record demonstrates
that Appellant did not raise this post-enactment advertisement claim at any point during
6
the trial court proceedings. Therefore, her argument is waived and cannot be addressed
for the first time on appeal. See Pa.R.A.P. 302(a) (“Issues not raised in the trial court
are waived and cannot be raised for the first time on appeal.”); see also City of
Pittsburgh v. Workers’ Compensation Appeal Board (Wright), 90 A.3d 801, 811 (Pa.
Cmwlth. 2014) (concluding the claimant waived his issue on appeal for failing to raise
it during the proceedings below and stating “[i]f an issue is waived, it is waived for all
purposes”). Accordingly, because Appellant’s statutory appeal was untimely pursuant
to Section 5571(b)(1) of the Judicial Code, with no exception to the 30-day appeal
period established, we affirm trial court’s order quashing the appeal.
________________________________
PATRICIA A. McCULLOUGH, Judge
7
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Ellen Wright, :
Appellant :
v. : No. 922 C.D. 2025
:
Town of McCandless :
ORDER
AND NOW, this 28th day of October, 2026, the Order of the Court of
Common Pleas of Allegheny County dated June 23, 2025, is hereby AFFIRMED.
________________________________
PATRICIA A. McCULLOUGH, Judge