Citation:

Orie v. ZHB of the Borough of Beaver, 767 A. 2d 623 (Pa. Commw. January 18, 2001)

Case Details:

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
No liability is assumed with respect to the use of information contained in this website. Laws may be amended or court rulings made that could affect a particular procedure, issue, or interpretation. The Department of Community & Economic Development assumes no responsibility for errors and omissions nor any liability for damages resulting from the use of information contained herin. Please contact your local solicitor for legal advice.