Summary
zoning hearing board was without standing to appeal reversal of its decision
Summary of this case from Gwynedd Properties v. Bd. of Sup'rsOpinion
Argued: September 23, 1992.
Decided: October 14, 1992.
Appeal No. 61 W.D. Appeal Dkt. 1991, from the Order of the Commonwealth Court 136 Pa. Commw. 310, 583 A.2d 15 (1990), Entered November 28, 1990 at No. 1708 C.D. 1989, Reversing the Order of the Court of Common Pleas of Allegheny County, Civil Division, Entered July 31, 1989, at No. S.A. 841-88.
Philip J. Murray, III, Robert H. Shoop, Jr., Thorp, Reed Armstrong, Pittsburgh, for appellant.
Richard H. Luciana, Oakmont, for Michael L. Federici and Janet R. Brocato, et al., for appellees.
Victor R. Delle Donne, Robert W. Kennedy, Jr., Pittsburgh, for McDonald's Corp.
Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.
ORDER
The Motion to Quash Appeal is GRANTED. A Zoning Hearing Board has no standing to appeal from a decision of a reviewing Court which involves one of its own decisions. See Commonwealth, Department of General Services v. Ogontz Area Neighbors Association, 505 Pa. 614, 483 A.2d 448 (1984); Edwards Zoning Case, 392 Pa. 188, 140 A.2d 110 (1958); Lansdowne Board of Adjustment's Appeal, 313 Pa. 523, 170 A. 867 (1934).
LARSEN, J., did not participate in the consideration or decision of this matter.
CAPPY, J., dissents and would reach the merits of the appeal.