Opinion

SOCIETY CREATED TO REDUCE URBAN BLIGHT v. Zoning Board of Adjustment

  • 908 A.2d 967
  • 2006 Pa. Commw. LEXIS 510
  • 2006 WL 2741636
Court
Commonwealth Court of Pennsylvania
Filed
Sep 27, 2006
Status
Published
Author
Colins
On the bench
Colins, McGinley, Ner, Friedman, Leadbetter, Simpson, Leavitt
Cited by
2 cases

declining to apply the Home Rule Act retroactively to a zoning appeal that commenced prior to the effective date of the amendment

How later courts described this case

  • declining to apply the Home Rule Act retroactively to a zoning appeal that commenced prior to the effective date of the amendment

Written by the judges who cited it.

The opinion

DISSENTING OPINION BY

President Judge COLINS.

I respectfully dissent. I fear the majority has allowed the esthetic unpleasantness of billboard clutter to cloud its legal judgment. Section 17.1 of the law known as the First Class City Home Rule Act, 1 53 P.S. § 13131.1 (Act 193), clearly states that city taxpayers that are not detrimentally harmed by a decision of the zoning hearing board are not aggrieved persons for purposes of appeal. The Pennsylvania Constitution does not guarantee continued standing once the General Assembly has *980 spoken. Act 198 makes it clear that taxpayers who are not individually harmed by a zoning decision do not fall within the definition of aggrieved persons. I would grant Preston Ship & Rail’s motion to quash as the taxpayers no longer have standing to appeal.

Judge LEADBETTER joins in this dissent.

. Act of April 21, 1949, P.L. 665, as amended, added by Section 2 of the Act of November 30, 2004, P.L. 1523.

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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