Whitehall Manor, Inc. v. Planning Commission

79 A.3d 720, 2013 WL 5822791, 2013 Pa. Commw. LEXIS 445
CourtCommonwealth Court of Pennsylvania
DecidedOctober 30, 2013
StatusPublished
Cited by17 cases

This text of 79 A.3d 720 (Whitehall Manor, Inc. v. Planning Commission) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whitehall Manor, Inc. v. Planning Commission, 79 A.3d 720, 2013 WL 5822791, 2013 Pa. Commw. LEXIS 445 (Pa. Ct. App. 2013).

Opinions

OPINION BY

Judge SIMPSON.

In this land use appeal, Whitehall Man- or, Inc. (Whitehall Manor) and Linden 515, LP (Linden 515) (collectively, Objectors) ask whether the Court of Common Pleas of Lehigh County (trial court) erred in affirming a decision of the City of Allentown Planning Commission (Commission) that granted conditional approval of the preliminary and final land development plans submitted by the Allentown Commercial and Industrial Development Authority (Applicant).1 The land development plans contemplate development of, among other things, an arena and events center in downtown Allentown.

Objectors challenge the trial court’s determination that they lacked standing to appeal the Commission’s conditional approval of the land development plans. They also contend the Commission erred or abused its discretion in approving the plans. For the reasons that follow, we conclude the trial court erred in determining Objectors lacked standing to appeal the Commission’s decision. However, we affirm the trial court’s determination that no error is apparent in the Commission’s conditional approval of Applicant’s plans.

I. Background

Whitehall Manor has a leasehold interest in a parcel located at 12 North Seventh Street, Allentown. Linden 515 is the owner of real property located at 515 Linden Street, Allentown. Abraham Atiyeh is the [723]*723principal of both Whitehall Manor and Linden 515.

Applicant is a corporate body organized pursuant to Article XVI-B of the Fiscal Code,2 with its primary place of business located at 435 Hamilton Street, Allentown.

In February 2012, Applicant submitted an application and preliminary and final land development plans to the City of Allentown Bureau of Planning and Zoning. The plans proposed development of an arena, a hotel, offices and a parking facility on a 5.34-acre, one city block area of downtown Allentown. Thereafter, the City’s Director of Planning, Bureau of Planning and Zoning, issued two review letters, containing comments on engineering, planning, traffic, parks, and zoning.

About a month later, the Commission held a public meeting on Applicant’s development plans. During the meeting, Objectors’ representative attended and voiced opposition to the development plans. At the close of the meeting, the Commission voted to approve Applicant’s preliminary and final land development plans, subject to certain conditions. The next day, the Commission’s conditional approval was confirmed by letter. Objectors filed a land use appeal with the trial court.

Through their appeal, Objectors asserted that the Commission did not adhere to the law and abused its discretion. Objectors raised numerous issues in support of their appeal. The City and Applicant intervened in opposition to Objectors’ appeal.

Without taking additional evidence, the trial court affirmed the Commission’s conditional approval of the preliminary and final land development plans. The trial court first determined Objectors lacked standing to appeal the Commission’s decision. Specifically, the trial court stated, based on the record developed before the Commission, there was no evidence that Objectors’ properties would be aggrieved by the implementation of the development plans. Further, Objectors had the opportunity to develop a record before the trial court regarding their claims of aggrievement, yet failed to do so,

The trial court also rejected Objectors’ assertion that Applicant waived its right to challenge Objectors’ standing. The trial court stated that Objectors were not granted party status before the Commission. ' Rather, Objectors’ representative merely attended the Commission’s meeting and voiced his concerns about the development plans. Because the meeting was open to the public and because Objectors’ representative made no effort to join Objectors as parties to the proceedings before the Commission, the trial court stated it would be “nonsensical” for Applicant or the Commission to raise a standing challenge at the meeting. Tr. Ct., Slip Op., 12/14/12, at 7. “There is no requirement in law that [Applicant] raise a standing challenge against [Objectors] before the Commission as a prerequisite to raising a standing challenge on appeal.” Id. Thus, the -trial court dismissed Objectors’ appeal for lack of standing.

Nevertheless, assuming Objectors had standing, the trial court proceeded to address the substantive issues raised by Objectors. The trial court stated that Objectors raised six issues concerning the Commission’s approval of Applicant’s [724]*724development plans. The trial court considered and rejected each of Objectors’ arguments, concluding the Commission adhered to the law and acted within its discretion in approving Applicant’s development plans.

Objectors filed a notice of appeal to this Court, and the trial court ordered Objectors to file a concise statement of the errors complained of on appeal pursuant to Pa. R.A.P. 1925(b), which they did. The trial court then issued an opinion in support of its decision pursuant to Pa. R.A.P. 1925(a), in which it confirmed its earlier decision. Objectors’ appeal is now before us for disposition.

II. Issues

On appeal,3 Objectors first argue the trial court erred in determining they lacked standing to initiate an appeal from the Commission’s decision. They also contend the Commission erred in approving Applicant’s plans.4

III. Discussion

A. Objectors’ Standing to Appeal Commission’s Decision

Objectors first argue they have interests that will be adversely affected by the arena project. Initially, they point out the “arena plans” are titled “Allentown Arena and Events Center.” Appellants’ Br. at 9. The plans depict development of an area in the heart of the City, comprising several city blocks, including the streets separating those blocks and approximately 34 parcels. The site is bounded by Linden Street to the north, 7th Street to the east, Hamilton Street to the south and 8th Street to the west. The arena plans depict a building of 1,000,100 square feet, containing a professional sports arena, a ten-story hotel tower, a nine-story office tower and a seven-level parking garage tower, as well as expansive ancillary facilities. According to Objectors, the Allentown Arena and Events Center is easily the most significant proposed development in the City in many years.

Objectors assert Whitehall Manor and Atiyeh own an office leasehold interest in the Dime Bank Building, which is located within the bounds of the project. The building is shown on the plans as being preserved and incorporated into the project. However, the plans do not depict or acknowledge Whitehall Manor’s leasehold interest, and do not address the preservation of the interests of Whitehall Manor and Atiyeh. They further contend Linden 515’s property is in close proximity to the development. Objectors argue the development will have a far-reaching impact on the neighborhood and the entire City, but a very specific and immediate impact on Objectors’ properties.

Relying on Miravich v. Township of Exeter, 6 A.3d 1076

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Cite This Page — Counsel Stack

Bluebook (online)
79 A.3d 720, 2013 WL 5822791, 2013 Pa. Commw. LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitehall-manor-inc-v-planning-commission-pacommwct-2013.