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Federici v. Borough of Oakmont Zoning Hearing Bd.

Supreme Court of Pennsylvania
Oct 14, 1992
613 A.2d 1205 (Pa. 1992)

Summary

zoning hearing board was without standing to appeal reversal of its decision

Summary of this case from Gwynedd Properties v. Bd. of Sup'rs

Opinion

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.


Summaries of

Federici v. Borough of Oakmont Zoning Hearing Bd.

Supreme Court of Pennsylvania
Oct 14, 1992
613 A.2d 1205 (Pa. 1992)

zoning hearing board was without standing to appeal reversal of its decision

Summary of this case from Gwynedd Properties v. Bd. of Sup'rs
Case details for

Federici v. Borough of Oakmont Zoning Hearing Bd.

Case Details

Full title:Michael L. FEDERICI, Janet R. Brocato, et al. v. BOROUGH OF OAKMONT ZONING…

Court:Supreme Court of Pennsylvania

Date published: Oct 14, 1992

Citations

613 A.2d 1205 (Pa. 1992)
613 A.2d 1205

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