Brendel v. Zoning Enforcement Officer of the Borough of Ridgeway, Pa. Commw. (July 9, 2001)Cite: 780 A.2d 750
Cross Reference: MPC 1004-A
To be a participant party in an appeal, the municipality must file a notice of intervention within 30 days of the filing of the appeal and must serve notice upon the appellant. The zoning enforcement officer for the municipality issued a citation to the operator of an automobile salvage yard who appealed to the ZHB. The ZHB upheld the citation. The operator then appealed to the court but named only the ZHB as appellee although the municipality had participated at the ZHB hearing. The municipality submitted a brief and participated in oral argument in support of the ZHB but did not enter an appearance before the court. The trial court reversed the ZHB’s decision and the municipality appealed to the Commonwealth Court.
Because the municipality had failed to file a notice of intervention with the trial court as required by MPC 1004-A, the Commonwealth Court dismissed its appeal. The Court ruled that participation in the matter before a court does not accord the participant ‘party status’. If a municipality, currently not a party to the trial court proceeding wishes to intervene, it must file a notice to intervene as required by the MPC.
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