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.