The opinion
IN THE SUPREME COURT OF PENNSYLVANIA
EASTERN DISTRICT
JOHN SCOTT : No. 288 EAL 2014
:
:
v. : Petition for Allowance of Appeal from the
: Order of the Commonwealth Court
:
CITY OF PHILADELPHIA, ZONING :
BOARD OF ADJUSTMENT AND FT :
HOLDINGS L.P. :
:
:
PETITION OF: FT HOLDINGS L.P. :
ORDER
PER CURIAM
AND NOW, this 25th day of November, 2014, the Petition for Allowance of
Appeal is GRANTED. The issues, as stated by petitioner, are:
(1) Whether the Commonwealth Court erred when it held that FT Holdings’
objection to standing was untimely and the issue of standing was waived
where, pursuant to the Pennsylvania’s Supreme Court holding Spahn v.
Zoning Bd. of Adjustment, 977 A.2d 1132 (Pa. 2009), standing to appear
before the SBA is fundamentally different than standing to appeal a
[Board] decision to the Court of Common Pleas and the issue of standing
was, therefore, timely raised by FT Holding[s’] Motion to Quash.
(2) Whether, pursuant to the Pennsylvania’s Supreme Court’s holding in
Spahn v. Zoning Bd. of Adjustment, 977 A.2d 1132 (Pa. 2009), John Scott
lacks standing to appeal the decision of the Philadelphia Zoning Board of
Adjustment and, as a result, the trial court properly dismissed his appeal
with prejudice.