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65 Pa. Cons. Stat. § 710.1

 Public participation.

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§ 710.1.  Public participation.

(a)  General rule.--Except as provided in subsection (d), the board or council of a political subdivision or of an authority created by a political subdivision shall provide a reasonable opportunity at each advertised regular meeting and advertised special meeting for residents of the political subdivision or of the authority created by a political subdivision or for taxpayers of the political subdivision or of the authority created by a political subdivision or for both to comment on matters of concern, official action or deliberation which are or may be before the board or council prior to taking official action. The board or council has the option to accept all public comment at the beginning of the meeting. If the board or council determines that there is not sufficient time at a meeting for residents of the political subdivision or of the authority created by a political subdivision or for taxpayers of the political subdivision or of the authority created by a political subdivision or for both to comment, the board or council may defer the comment period to the next regular meeting or to a special meeting occurring in advance of the next regular meeting.

(b)  Limitation on judicial relief.--If a board or council of a political subdivision or an authority created by a political subdivision has complied with the provisions of subsection (a), the judicial relief under section 713 (relating to business transacted at unauthorized meeting void) shall not be available on a specific action solely on the basis of lack of comment on that action.

(c)  Objection.--Any person has the right to raise an objection at any time to a perceived violation of this chapter at any meeting of a board or council of a political subdivision or an authority created by a political subdivision.

(d)  Exception.--The board or council of a political subdivision or of an authority created by a political subdivision which had, before January 1, 1993, established a practice or policy of holding special meetings solely for the purpose of public comment in advance of advertised regular meetings shall be exempt from the provisions of subsection (a).

Notes of Decisions
Cited in 15 cases (5 in the last 5 years), 2001–2026 · leading case: Alekseev v. CITY COUNCIL OF PHILADELPHIA
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Alekseev v. CITY COUNCIL OF PHILADELPHIA (2010) pa · cites it 14× “See 65 Pa. C.S. § 710.1(a). Such commentary also may be deferred to a later meeting in light of time constraints.”
Kennedy v. Upper Milford Township Zoning Hearing Board (2003) pa “1(B) of the 1998 Sunshine Act, 65 Pa.C.S. § 710.1(B), entitled “Limitation on judicial relief”, which makes invalidation unavailable as a remedy where the meeting’s only violation is a failure to provide a reasonable opportunity for comment by residents and taxpayers.”
Alekseev v. CITY COUNCIL OF PHILADELPHIA (2009) pacommwct · cites it 3× “1(a) of the Act, 65 Pa.C.S. § 710.1(a). However, pursuant to Council’s longstanding practice, HAPCO members, and all other members of the public, had the opportunity to comment on the Bill at a March 2007 special meeting convened for the sole purpose of receiving public comment.”
Kennedy v. Upper Milford Township Zoning Hearing Board (2001) pacommwct “…6 . Section 710.1(a) of the Sunshine Act requires a period of public comment prior to the taking of official action. 65 Pa. C.S. § 710.1(a).”
S.-J. Neu v. Millcreek Twp. Bd. of Sch. Dirs. (2025) pacommwct · cites it 3× “1(a) of the Sunshine Act, 65 Pa.C.S. § 710.1(a),6 because the Description did not provide information sufficient to enable 4 Section 715 of the Sunshine Act vests original jurisdiction over declaratory judgment and enforcement actions in the court of common pleas “where the…”
K. Smith v. Board of Supervisors of West Pennsboro Twp. (2018) pacommwct · cites it 2× “1(a) of 17 the Sunshine Act, 65 Pa. C.S. § 710.1(a), requires a reasonable opportunity at “each” advertised regular or special meeting for public comment concerning matters under consideration.”
J. Coleman v. Parkland S.D. (2023) pacommwct · cites it 2× “1(a) of the Sunshine Act, 65 Pa.C.S. § 710.1(a) (relating to public participation), by taking official action to vote on two motions that arose during the November 16, 2021 meeting without first allowing for public comment; (2) violated Section 710.”
Kennedy v. UPPER MILFORD TP. ZHB (2003) pa “1(B) of the 1998 Sunshine Act, 65 Pa.C.S. § 710.1(B), entitled "Limitation on judicial relief", which makes invalidation unavailable as a remedy where the meeting's only violation is a failure to provide a reasonable opportunity for comment by residents and taxpayers.”
R.B. Sklaroff, M.D. v. Abington SD (2017) pacommwct “1(a) of the Act, 65 Pa. C.S. § 710.1(a). In that vein, Appellant pled: 24.”
W.M. Barlow v. Liberty Twp. (2018) pacommwct “” 65 Pa. C.S. § 710.1(a). 5 Pursuant to the Code, “[a]n affirmative vote of a majority of the entire board of supervisors at a public meeting is necessary in order to transact any business.”
WRIGHT CROFT v. DONEGAL TOWNSHIP (2021) pawd “2d at 1125 (noting that 65 Pa.C.S. § 710.1(b) “makes invalidation unavailable as a remedy where the meeting's only violation is a failure to provide a reasonable opportunity for comment by residents and taxpayers”).”
Penske Truck Leasing Co., L.P. v. The ZHB of Cumru Twp. ~ Appeal of: Route 10 Realty, LLC (2026) pacommwct “65 Pa.C.S. § 710.1(a) (emphasis added). By stating that the Zoning Board erred in not allowing residents to publicly comment during the hearings on the Validity Challenge, Appellees sufficiently alleged facts to form the basis of a Sunshine Act claim.”
Show all 15 citing cases →
— 65 Pa. Cons. Stat. § 710.1(B) — 2 cases
Kennedy v. Upper Milford Township Zoning Hearing Board (2003) pa “1(B) of the 1998 Sunshine Act, 65 Pa.C.S. § 710.1(B), entitled “Limitation on judicial relief”, which makes invalidation unavailable as a remedy where the meeting’s only violation is a failure to provide a reasonable opportunity for comment by residents and taxpayers.”
Kennedy v. UPPER MILFORD TP. ZHB (2003) pa “1(B) of the 1998 Sunshine Act, 65 Pa.C.S. § 710.1(B), entitled "Limitation on judicial relief", which makes invalidation unavailable as a remedy where the meeting's only violation is a failure to provide a reasonable opportunity for comment by residents and taxpayers.”
— 65 Pa. Cons. Stat. § 710.1(a) — 9 cases
Alekseev v. CITY COUNCIL OF PHILADELPHIA (2010) pa “See 65 Pa. C.S. § 710.1(a). Such commentary also may be deferred to a later meeting in light of time constraints.”
Alekseev v. CITY COUNCIL OF PHILADELPHIA (2009) pacommwct “1(a) of the Act, 65 Pa.C.S. § 710.1(a). However, pursuant to Council’s longstanding practice, HAPCO members, and all other members of the public, had the opportunity to comment on the Bill at a March 2007 special meeting convened for the sole purpose of receiving public comment.”
Kennedy v. Upper Milford Township Zoning Hearing Board (2001) pacommwct “…6 . Section 710.1(a) of the Sunshine Act requires a period of public comment prior to the taking of official action. 65 Pa. C.S. § 710.1(a).”
S.-J. Neu v. Millcreek Twp. Bd. of Sch. Dirs. (2025) pacommwct “1(a) of the Sunshine Act, 65 Pa.C.S. § 710.1(a),6 because the Description did not provide information sufficient to enable 4 Section 715 of the Sunshine Act vests original jurisdiction over declaratory judgment and enforcement actions in the court of common pleas “where the…”
K. Smith v. Board of Supervisors of West Pennsboro Twp. (2018) pacommwct “1(a) of 17 the Sunshine Act, 65 Pa. C.S. § 710.1(a), requires a reasonable opportunity at “each” advertised regular or special meeting for public comment concerning matters under consideration.”
— 65 Pa. Cons. Stat. § 710.1(b) — 1 case
WRIGHT CROFT v. DONEGAL TOWNSHIP (2021) pawd “2d at 1125 (noting that 65 Pa.C.S. § 710.1(b) “makes invalidation unavailable as a remedy where the meeting's only violation is a failure to provide a reasonable opportunity for comment by residents and taxpayers”).”
— 65 Pa. Cons. Stat. § 710.1(c) — 2 cases
J. Coleman v. Parkland S.D. (2023) pacommwct “1(a) of the Sunshine Act, 65 Pa.C.S. § 710.1(a) (relating to public participation), by taking official action to vote on two motions that arose during the November 16, 2021 meeting without first allowing for public comment; (2) violated Section 710.”
R.P. Harper, Jr. v. Lancaster County Commissioners R. D'Agostino (2026) pacommwct
— 65 Pa. Cons. Stat. § 710.1(d) — 1 case
Alekseev v. CITY COUNCIL OF PHILADELPHIA (2010) pa “See 65 Pa. C.S. § 710.1(a). Such commentary also may be deferred to a later meeting in light of time constraints.”
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