Opinion

B.J. O'Neill v. The Philadelphia Zoning Board of Adjustment

  • 169 A.3d 1241
  • 2017 Pa. Commw. LEXIS 657
  • 2017 WL 3722015
Court
Commonwealth Court of Pennsylvania
Filed
Aug 30, 2017
Status
Published
Author
Brobson
On the bench
Brobson, Gardner, Hearthway, Honorable, James, Julia, Kevin
Cited by
9 cases

holding that individual councilmembers who are not aggrieved persons do not have standing to appeal from decisions of the ZBA in their individual capacity under Section 17.1 of the Home Rule Act and Section 14-303(15)(b)(.1) of the Zoning Code

How later courts described this case

  • holding that individual councilmembers who are not aggrieved persons do not have standing to appeal from decisions of the ZBA in their individual capacity under Section 17.1 of the Home Rule Act and Section 14-303(15)(b)(.1) of the Zoning Code

Written by the judges who cited it.

The opinion

*1247 CONCURRING OPINION BY

JUDGE BROBSON

I join in the majority’s disposition of this appeal. Specifically, I agree that neither the First Class City Home Rule Act 1 nor the Philadelphia Zoning Code confers standing on an individual councilperson to challenge the Philadelphia Zoning Board of Adjustment’s grant of a variance. I write separately because I can fathom a circumstance where the Philadelphia City Council (City Council) may not be nimble enough to act as a body within the time constraints for challenging such a decision. In that situation, it may be adequate for a councilperson to initiate a challenge on behalf of City Council, with prompt formal action by City Council thereafter ratifying the appeal.

. Act of April 21, 1949, P.L. 665, as amended, 53 P.S. §§ 13101-13157.

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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