Scott v. City of Philadelphia, Zoning Board of Adjustment & FT Holdings L.P.

104 A.3d 1287, 629 Pa. 310

• Court: Supreme Court of Pennsylvania
• Decided: November 25, 2014
• Docket: 288 EAL 2014 (Granted)
• Status: Published

Opinion

ORDER

PER CURIAM.

AND NOW, this 25th day of November, 2014, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner, are:

(1) Whether the Commonwealth Court erred when it held that FT Holdings’ objection to standing was untimely and the issue of standing was waived where, pursuant to the Pennsylvania’s Supreme Court holding Spahn v. Zoning Bd. of Adjustment, 602 Pa. 83, 977 A.2d 1132 (2009), standing to appear before the SBA is fundamentally different than standing to appeal a [Board] decision to the Court of Common Pleas and the issue of standing was, therefore, timely raised by FT Holdingfs’] Motion to Quash.

(2) Whether, pursuant to the Pennsylvania’s Supreme Court’s holding in Spahn v. Zoning Bd. of Adjustment, 602 Pa. 83, 977 A.2d 1132 (2009), John Scott lacks standing to appeal the decision of the Philadelphia Zoning Board of Adjustment and, as a result, the trial court properly dismissed his appeal with prejudice.