|
APPEAL - STANDING
Orie v. ZHB of the Borough of Beaver, 767 A. 2d 623 (Pa. Commw. January 18, 2001)
Cross Reference: MPC Section 908(3).
An adjacent property owner who did not file a written appearance with the ZHB but sent a letter to the ZHB objecting to the variance request and attended the public hearing, although he did not speak, had standing to appeal the grant of a variance. Under the MPC section 908(3)a ZHB may require a written appearance in order to appeal. The ZHB in the case did not have such a written policy. By his letter and attendance at the hearing, the property owner had therefore made a timely appearance of record before the ZHB as required by the MPC.
In a footnote, the Commonwealth Court advised zoning hearing boards to disclose and explain on the record prior to conclusion of a hearing the steps citizens must take to protect their appeal rights.
DISCLAIMER:
This site is designed to provide summary review of selected Pennsylvania and Federal Court decisions related to land use and land use controls. The information contained herein, although produced by professionals, is not intended to render any legal service. Nor should the materials herein be utilized as a substitute for professional services. If legal advice or other expert assistance is required, the service of an attorney or other professional should be sought. DCED makes no representations, warranties or guarantees as to the accuracy, completeness or suitability of the information provided herein.
Back to Top |
