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· 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 CourtListener

Sourced 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.