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.

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