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Billboard Company Challenges community group's standing at ZBA hearing
By "Mary Tracy SCRUB" <scrub@urbanblight.org>
Wednesday, 10/26/05
(1130424988484)
It's here. The challenge to Philadelphia's "any taxpayer standing"
A coalition of community groups railed against the midnight passage last
November of a stealth amendment to HB 1954 which attempted to remove the
"any taxpayer" standing in Philadelphia. They knew it would only be a
matter time before the other shoe dropped. It finally fell with a heavy
thud on Wednesday, October 19, 2005. when a local billboard company
challenged the standing of a South Philadelphia community group at a
hearing before Philadelphia's Zoning Board of Adjustment (ZBA).
Two attorneys for Keystone Advertising grilled the executive director of
Wecacoe Community Development Corporation, a South Philadelphia CDC
established in 1984, whose boundaries include the property where the
billboard company seeks a variance. In rapid succession, they shot
questions at Fred Druding such as: "Where do you live? Precisely how
many blocks from your home is the property seeking a variance? Can you
mark this location on our map? Will you be able to see this site from
your home? What are the boundaries of your CDC? Where is the office
located? Can you mark the location on the map? Does the organization
receive any public funding? Where do its members live? How many members
are present today?"
The attorneys asked why more members were not in attendance. " If people
care about this issue" they stated, "then they need to be here so that
we can cross-examine each and everyone on standing." The extensive
line of questioning was a chilling reminder of the tactics used to
prevent community groups from taking an active role in zoning prior to
the 1991 victory by SCRUB and CCRA in a landmark Commonwealth Court
decision reaffirming the rights of Philadelphia's taxpayers and
community groups to challenge zoning decisions.
If the billboard industry is successful and wins this case by invoking
Act 193 of 2004 (previously called Bill 1954), citizens and community
groups will be subjected to similar scrutiny at the whim of any attorney
representing a client in a controversial zoning case. The issue will not
be whether the zoning board properly applies the laws affecting
neighborhood zoning but rather, whether the citizens or community
organizations have a right to challenge an applicant's request for a
variance that violates zoning laws.
As a result, community groups will be forced to litigate twice: first to
prove standing and only if successful will they be allowed to appeal
the actual decision made by the zoning board. Double litigation will
quickly exhaust the scarce resources of community groups working to
shape the future of their neighborhoods.
_______________________________________
Next Hearing for this case:
December 2, 2005 from 9:00 to 3:00. 1515 Arch Street 18th Floor
Please try to attend even if it is just for a short while.
The ZBA has set aside an entire day to hear this case. Standing will be
argued. More details to follow. If you would like to volunteer your
assistance in mounting a citywide effort to combat this threat on
community participation in zoning, contact Mary Tracy at
scrub@urbanblight.org.