Federici v. Borough of Oakmont Zoning Hearing Board

Supreme Court of Pennsylvania

Federici v. Borough of Oakmont Zoning Hearing Board

613 A.2d 1205, 531 Pa. 454, 1992 Pa. LEXIS 481

CourtSupreme Court of Pennsylvania

DecidedOctober 14, 1992

DocketAppeal No. 61 W.D. Appeal Dkt. 1991

StatusPublished

Cited by2 cases

This text of 613 A.2d 1205 (Federici v. Borough of Oakmont Zoning Hearing Board) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Federici v. Borough of Oakmont Zoning Hearing Board, 613 A.2d 1205, 531 Pa. 454, 1992 Pa. LEXIS 481 (Pa. 1992).

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[455]*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.

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[455]*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.

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613 A.2d 1205, 531 Pa. 454, 1992 Pa. LEXIS 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federici-v-borough-of-oakmont-zoning-hearing-board-pa-1992.

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