Elliott Greenleaf Wins Supreme Court Victory
In an August 18th decision that holds significant potential for economic revitalization throughout Philadelphia, the Pennsylvania Supreme Court in Gary Spahn v. Zoning Board of Adjustment et. al., Society Created to Reduce Urban Blight, et. al.,Zoning Board of Adjustment of the City of Philadelphia, et.al., Nos. 25, 26, & 27 EAP 2008, Argued December 2, 2008, J-160A-D-2008, Supreme Ct. of Pa., Eastern District, affirmed the Commonwealth Court’s prior holding that persons challenging zoning variances in Philadelphia to have substantial, direct and immediate interests in the zoning matter at issue.
In a 4-2 Opinion, authored by Chief Justice Ronald D. Castille, the Supreme Court allowed governing bodies (such as Philadelphia City Council) and persons “detrimentally harmed” by zoning decisions to appeal. However, the Supreme Court leveled the judicial standing playing field and required persons challenging Philadelphia zoning decisions to meet the same standing requirements as citizens throughout Pennsylvania.
John M. Elliott and Dean R. Phillips represented the successful Appellees Keystone Outdoor Advertising Company, Inc. and BDB Company. Their briefs and appellate advocacy focused the Supreme Court on the determinative issue, namely that the Pennsylvania Constitution and Supreme Court precedent required persons challenging zoning decisions to have a “substantial, direct and immediate interest” in zoning disputes.
Mr. Elliott stated that “the Supreme Court’s carefully crafted opinion not only fairly affirmed consistent standards for standing to access Pennsylvania’s Unified Judicial System, but held that only governmental bodies and taxpayers who are detrimentally harmed by zoning variances can appeal them.”
However, he stated that “persons who fail to meet these standards cannot continue to obstruct the creative economic initiatives that are desperately needed throughout Philadelphia. The era of gadflys obstructing economic development and coercing payments from the business community is over. The Pennsylvania Supreme Court has articulated a thoughtful and clear standard of common sense and fairness in zoning matters.”
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