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

> Commonwealth Court of Pennsylvania · August 30, 2017 · 169 A.3d 1241

URL: https://www.frixlaw.com/law-library/cases/9878175

## Case

- **Full name:** Brian J. O’NEILL, Appellant v. the PHILADELPHIA ZONING BOARD OF ADJUSTMENT
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** August 30, 2017
- **Citations:** 169 A.3d 1241; 2017 Pa. Commw. LEXIS 657; 2017 WL 3722015
- **Precedential status:** Published
- **Opinion:** Concurrence by Brobson
- **Judges:** Brobson, Gardner, Hearthway, Honorable, James, Julia, Kevin
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9878175

## How later opinions describe it (automated extraction)

- 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

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9878175. Public record. Not legal advice.