Opinion

S. Bethlehem Assoc. v. ZHB of Bethlehem Twp

Court
Supreme Court of Pennsylvania
Filed
Mar 22, 2022
Status
Published
On the bench
Per Curiam
Cited by
0 cases

The opinion

IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

SOUTH BETHLEHEM ASSOCIATES, LP : No. 95 MAL 2021

:

:

v. : Petition for Allowance of Appeal

: from the Order of the

: Commonwealth Court

ZONING HEARING BOARD OF :

BETHLEHEM TOWNSHIP, :

PENNSYLVANIA :

:

:

v. :

:

:

CENTRAL PA EQUITIES 30, LLC :

:

:

PETITION OF: SOUTH BETHLEHEM :

ASSOCIATES, LP :

ORDER

PER CURIAM

AND NOW, this 22nd day of March, 2022, the Petition for Allowance of Appeal is

GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all

remaining issues. The issues, as stated by Petitioner, are:

(1) Whether the Commonwealth Court of Pennsylvania erroneously applied an

aggrieved party standard that was repealed by the legislature and replaced

by a provision granting [Petitioner] the right to appeal since it was deemed

a party and opposed the proposed zoning relief during the underlying

[zoning hearing board] hearing.

(2) Whether the Commonwealth Court of Pennsylvania erroneously entered an

order dismissing the appeal due to lack of standing pursuant to

[Pennsylvania Rule of Appellate Procedure] 1114(b)(7)] where [Petitioner]

who was located only two (2) blocks from the subject property had a right

to an appeal even if an aggrieved party standard is applied.

Justice Brobson did not participate in the consideration or decision of this matter.

[95 MAL 2021] - 2

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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