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Philadelphia Judges Strip Community Associations of Standing
By Mary Tracy
Friday, 07/21/06
(1153493945988)
Court decisions handed down this week by Philadelphia Judges will have a chilling effect on the longstanding rights of community organizations and neighborhood groups to appeal variances granted by the Zoning Board.
Common Pleas Judge Joseph Dych ruled that: “…citizens of Philadelphia are no longer afforded standing to protest zoning decisions based upon their status as taxpayers.”
Immediately following that decision, Judge Gary Glazer ruled that three community groups, SCRUB, Wynnefield Heights Civic Association and Belmont Village Community Association, “do not have an interest sufficient to justify standing in light of the standard enunciated in Act 193 of November 30, 2004.” According to Judge Glazer, these groups “fail to meet the standard of ‘aggrieved person’ …”
Under Philadelphia’s Zoning Code, “any person aggrieved or any taxpayer” can appeal a decision of the Zoning Board of Adjustment. Under Act 193 of 2004 only “aggrieved persons” who can show that they are “detrimentally harmed” can appeal.
This key provision of Act 193 regarding standing was added in the middle of the night, and many members of the General Assembly did not read it before voting for the bill.
An aggrieved person is a legal term that normally requires a person appealing a decision to show ownership or property interests adjacent or close to the property under dispute. This is a standard that makes it more difficult for community groups to have standing
Judge Glazer noted in his opinion that it was the “clear intent of Act 193 of 2004 to limit, but not entirely eliminate, the ability of taxpayers to appeal Zoning Board decisions.” His ruling nevertheless, “totally eliminated” all three community groups in this case due to lack of standing.
Philadelphia zoning attorney Bill Ewing noted that "The courts did not explain why they concluded that the Protestants were not aggrieved, so Act 193 and these decisions threaten the standing of every community organization, and almost every neighbor, in every case." “
Community groups will not easily settle for the loss of this important legal right and will hold politicians accountable,” said Mary Tracy, Director of SCRUB (Society Created to Reduce Urban Blight), “if we lose our standing, we lose our voices.”