Opinion

Armstead v. Zoning Board of Adjustment

  • 115 A.3d 390
  • 2015 Pa. Commw. LEXIS 178
Court
Commonwealth Court of Pennsylvania
Filed
Apr 23, 2015
Status
Published
Author
Leadbetter
On the bench
Brobson, Covey, Jubelirer, Leadbetter, Leavitt, Pellegrini, Simpson
Cited by
16 cases

allegation that organization’s “members live within one to three blocks of the proposed sign” was inadequate to establish standing to challenge the sign

How later courts described this case

  • allegation that organization’s “members live within one to three blocks of the proposed sign” was inadequate to establish standing to challenge the sign
  • objectors lacked standing even though their property was located near, but not adjacent, to a proposed sign

Written by the judges who cited it.

The opinion

DISSENTING OPINION BY

Judge BONNIE BRIGANCE LEADBETTER.

The Benjamin Franklin Parkway is no ordinary street. It is an artistic monument like the cultural institutions that line it, enjoyed not only by Philadelphians, but by visitors from all over the world. For this reason, and for the reasons stated in President Judge Pellegrini’s thoughtful concurring opinion, I would allow standing to citizens of the City, not because they are taxpayers, but because they are the intended beneficiaries of this beautiful civic treasure and they would truly be aggrieved if it were to be spoiled. There is no doubt that the well-reasoned majority has accurately applied the existing law. Nonetheless, I would carve out an exception for this unique property, and so must respectfully dissent.

Judge P. KEVIN BROBSON joins in this dissenting opinion.

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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