Thompson v. Zoning Hearing Bd., 963 A.2d 622 (Pa. Commw. Ct. 2009).
Applicant waived its right to challenge an objector's standing on appeal where the applicant failed to challenge the objector's standing before the zoning hearing board.
Applicant requested a use variance and the Zoning Hearing Board held a hearing on the request. Objector was granted party status at the hearing and the Applicant did not object. The variance was granted and Objector appealed the approval. Applicant filed a motion to quash the appeal, arguing the Objector lacked standing because he was not aggrieved. The trial court held a hearing on the standing issue at which the Objector presented no evidence to indicate that he was aggrieved. The trial court, however, denied the motion to quash because Applicant waived any challenge to Objector’s standing by failing to object to the grant of party status before the Zoning Hearing Board. Applicant appealed to the Commonwealth Court. The Commonwealth Court adopted the trial court’s conclusion and held that an applicant waives its right to challenge an objector’s standing when the objector appeals a zoning hearing board decision if the applicant fails to challenge the objector’s status as a party before the zoning hearing board.
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