Federici v. Borough of Oakmont Zoning Hearing Board

Supreme Court of Pennsylvania October 14, 1992

Federici v. Borough of Oakmont Zoning Hearing Board, 531 Pa. 454 (Pa. 1992)

613 A.2d 1205; 1992 Pa. LEXIS 481

Appeal, Cappy, Consideration, Flaherty, Larsen, Matter, Merits, Nix, Papadakos, Reach, Zappala

Opinion of the Court

*455ORDER

PER CURIAM.

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.

Reference

Full Case Name: Michael L. FEDERICI, Janet R. Brocato v. BOROUGH OF OAKMONT ZONING HEARING BOARD and McDonald's Corporation. Appeal of BOROUGH OF OAKMONT ZONING HEARING BOARD
Cited By: 2 cases
Status: Published