# Stuckley v. Zoning Hearing Board

> Supreme Court of Pennsylvania · October 30, 2013 · 621 Pa. 509

URL: https://www.frixlaw.com/law-library/cases/4968073

## Case

- **Full name:** Carol STUCKLEY, Jane and John Johnson, Gene Epstein, Kris Riley, John Melsky, Ruth Ann Melsky-Moore, Otto Schneider, Gertrude Schneider, James Defalco, Pam Fitzpatrick, Taylor Baudeley, Leo Fitzpatrick, Rachel Baudeley, Frances Bielski, Nick Seibel, Edwin Bielski, and Theresa Parrilla v. ZONING HEARING BOARD OF NEWTOWN TOWNSHIP and Board of Supervisors of Upper Makefield Township v. Toll Brothers, Inc., Dolington Land, LLP, Toll PA XIII LP, Leo Holt, Intervenors Appeal of Toll Brothers, Inc., Dolington Land, LLP, and Toll PA XIII LP, Intervenors
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 30, 2013
- **Citations:** 621 Pa. 509; 79 A.3d 510; 2013 Pa. LEXIS 2576; 2013 WL 5825059
- **Precedential status:** Published
- **Opinion:** Concurrence by Saylor
- **Judges:** Baer, Castille, Eakin, McCaffery, Melvin, Saylor, Todd
- **Cited by:** 24 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4968073

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4968073. Public record. Not legal advice.