When Standing Won't Stand—Pa. Supreme Court Rules That a Grant of Party Status by a Zoning Hearing Board Does Not Automatically Convey Appellate Rights
Last spring, the Pennsylvania Supreme Court addressed the question of who is entitled to standing in matters before a municipal zoning hearing board, and more importantly, who has standing to file an appeal from a board decision.
February 12, 2024 at 11:49 AM
7 minute read
Land Use and PlanningLast spring, the Pennsylvania Supreme Court addressed the question of who is entitled to standing in matters before a municipal zoning hearing board, and more importantly, who has standing to file an appeal from a board decision. In South Bethlehem Associates v. Zoning Hearing Board of Bethlehem Township, 294 A.3d 441 (Pa. 2023), the Pennsylvania Supreme Court held in a 3-2 decision that while the Municipalities Planning Code, 53 P.S. Section 10101 et seq., (the MPC), allows the board wide latitude to grant party status, a grant of standing by the board does not automatically convey appellate rights absent a finding that the party is entitled to judicial review under the Local Agency Law, 2 Pa.C.S. Section 105 et seq., only if they qualify under the "aggrieved party" standard, which requires that they had suffered a harm to an interest that the law is intended to protect. However, this was a narrow decision, and the dissenters would allow any grant of party status by the board to also grant appellate standing. The result would be a dramatic relaxation of appellate standing requirements in zoning hearing board cases.
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