· 1/12/2009
Thompson v. ZON. HEAR. BD. OF HORSHAM TP.
Citations
- 963 A.2d 622
- 2009 Pa. Commw. LEXIS 13
- 2008 WL 5479612
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a standing claim was waived due to a failure to raise it before the zoning hearing board
- concluding that because objector “appeared and participated as a party before the [zoning board] without objection by Landowner, he necessarily is aggrieved by the [zoning board’s] adverse decision and has standing to appeal that decision to the trial court”
- stating that 42 Pa. C.S. §702(b) provides an appellate court, here the trial court, with the discretion to hear interlocutory appeals
- noting that “[g]enerally, a party is aggrieved when he has an adverse, direct, immediate and substantial interest in a decision as opposed to a remote and speculative interest”
- applying the MPC to hold that a party who participated before the board without objection was necessarily aggrieved by the board’s adverse decision and therefore had standing to appeal
- “[W]hen a person is permitted to appear in opposition to an application to a zoning hearing board and permitted to cross-examine witnesses and present evidence, he or she is a party to those proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Leadbetter, Friedman, Simpson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.