(L-R)Tamarrin Johnson and Alan Nochumson of Nochumson PC. Courtesy photos Variance Requests, Aggrieved Parties and the Open Market Fueled by Friendly Competition
In a recent opinion, the Pennsylvania Supreme Court in South Bethlehem Associates v. Zoning Hearing Board of Bethlehem Township, 294 A.3d 441 (Pa. 2023) established that a party appearing before a local zoning board cannot subsequently seek judicial review of a variance request granted by the local zoning board unless that party is deemed an aggrieved party.
October 09, 2023 at 11:18 AM
7 minute read
Real Estate
In a recent opinion, the Pennsylvania Supreme Court in South Bethlehem Associates v. Zoning Hearing Board of Bethlehem Township, 294 A.3d 441 (Pa. 2023) established that a party appearing before a local zoning board cannot subsequently seek judicial review of a variance request granted by the local zoning board unless that party is deemed an aggrieved party. Specifically, the Supreme Court in South Bethlehem Associates clarified that a party will not qualify as aggrieved solely because their business will someday compete with the future business of the party requesting a zoning variance.
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