Opinion

Stuckley v. Zoning Hearing Board

  • 621 Pa. 509
  • 79 A.3d 510
  • 2013 Pa. LEXIS 2576
  • 2013 WL 5825059
Court
Supreme Court of Pennsylvania
Filed
Oct 30, 2013
Status
Published
Author
Saylor
On the bench
Baer, Castille, Eakin, McCaffery, Melvin, Saylor, Todd
Cited by
24 cases

when the issues in a case are moot, any opinion issued by an appellate court would be merely advisory and, therefore, inappropriate

How later courts described this case

  • when the issues in a case are moot, any opinion issued by an appellate court would be merely advisory and, therefore, inappropriate
  • “Where “premised upon the PCRA[,]” id. at 32, as demonstrated by the inclusion of Section 9546 within the Act itself. See 42 Pa.C.S. §9546 (relief and order
  • resolving the argument that an issue had become moot
  • we will generally not address matters where there is no actual case or controversy between the parties

Written by the judges who cited it.

The opinion

Justice SAYLOR,

concurring.

I join Mr. Justice Baer’s concurring opinion.

I write only to observe that, although I agree with the majority’s determination of the limited status accorded to those who are only “parties to the hearing,” 53 P.S. § 10908(3), I find the statutory term itself to be troublesome. In this regard, it seems to me that it has the potential to mislead participants in a hearing into believing that they have attained “party” status, when, in fact, without further action on their part, their role is a materially circumscribed one. For this reason, I believe that clarifying amendments to the statute may be in order and, in the meantime, zoning hearing boards should make the limitations associated with the status of “parties to the hearing” plain to those who attain this status so they may further protect their interests as they may see fit.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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