Standing

Subscribe to Standing via RSS

Whether you are a fan of John Wayne, Clint Eastwood or, to a much lesser extent, Will Smith, you are familiar with the Wild (Wild) West.  During my first year as an associate, the members of our Land Use Group described land use hearings, such as a hearing for a conditional use or a variance, as the Wild West as compared to proceedings in a courtroom.  They were not wrong; although, that is not to say land use hearings operate without procedural rules.

This is the third post in a four-part series on land use hearings.  The first two posts (Post 1 and Post 2) explained the beginning and ending of hearings, including the public notice requirements and deadlines under the Pennsylvania Municipalities Planning Code (“MPC”) for conducting a hearing and reaching a decision.  This post and the next will cover the hearing itself.

Section 908(3) of the MPC describes the “parties to the hearing” as
Continue Reading Land Use Hearings – The Wild West

A recent Pennsylvania Commonwealth Court case sought to explain (and possibly expand?) the scope of standing in zoning matters and land use appeals.  To enjoy standing in a land use appeal, it is well-established that a person or party must have a “substantial, direct and immediate interest” in the outcome of the matter.  Frequently, such an interest is established by demonstrating that the objector lives near the property that is the subject of the appeal.  In nearly all cases, someone living directly adjacent to a project site has standing; but how far does the scope of standing extend?  
Continue Reading Can Seagulls Establish An Objector’s Standing? The PA Commonwealth Court Weighs In…