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From: [EMAIL PROTECTED]
Sent: Jan 21, 2005 4:59 PM
To: [EMAIL PROTECTED]
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Subject: Re: [phillyblocks] HB1954????????
representing a community group whose standing is challenged, I will argue
that it means exactly what Rep. Taylor says. On the other hand, the courts
may decide that it means a lot more than Rep. Taylor says. Here is what it
says:
SECTION 17.1. SPECIFIC POWERS.--IN ADDITION TO ANY
AGGRIEVED PERSON, THE GOVERNING BODY VESTED WITH LEGISLATIVE
POWERS UNDER ANY CHARTER ADOPTED PURSUANT TO THIS ACT SHALL HAVE
STANDING TO APPEAL ANY DECISION OF A ZONING HEARING BOARD OR OTHER
BOARD OR COMMISSION CREATED TO REGULATE DEVELOPMENT WITHIN THE
CITY. AS USED IN THIS SECTION, THE TERM "AGGRIEVED PERSON" DOES
NOT INCLUDE TAXPAYERS OF THE CITY THAT ARE NOT DETRIMENTALLY
HARMED BY THE DECISION OF THE ZONING HEARING BOARD OR OTHER BOARD
OR COMMISSION CREATED TO REGULATE DEVELOPMENT.
On its face, this law does not affect the standing given to any taxpayer by
the Philadelphia Zoning Code. It does not say that persons who are not
"aggrieved" may NOT appeal; it just says that aggrieved persons and City
Council have standing to appeal. On the other hand, if I were representing
a developer who wanted to stop an appeal by a community group, I would
argue that the intent of this law was to prevent any appeals by anyone who
is not a "person aggrieved" as so defined, or the City Council. Thus, by
allowing standing to City Council in addition to "any person aggrieved,"
the law limits standing to those persons.
There is no 500-foot limitation, but in each case the community persons
would have to prove that the development "detrimentally harmed" them. Who
knows what that term means? It is repetitive -- how can you be harmed in a
way that is not "detrimental"? It is not a term that has been used by the
law before and has been interpreted by the courts. That means that it will
lead to litigation and cost money for community groups as well as
developers themselves. Of course, developers often have more money to
spend on lawyers to litigate stuff like this.
In addition, the courts may interpret "detrimentally harmed" very narrowly.
The decisions interpreting "person aggrieved" are really all over the map,
and they go both ways on the question whether a community organization has
standing when its members are aggrieved. Some decisions say it does, and
some say it doesn't.
That's why it's a very bad law, whatever Rep. Taylor says.
Bill Ewing
"Each time a man stands up for an ideal, or acts to improve the lot of
others, or strikes out against injustice, he sends forth a tiny ripple of
hope, and crossing each other from a million different centers of energy
and daring those ripples build a current which can sweep down the mightiest
walls of oppression and resistance."
-- Robert F. Kennedy, Day of Affirmation
Address, University of Capetown, South Africa, June 6, 1966.
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ogroups.com [phillyblocks] HB1954????????
Need some insight here. I attended a meeting last night of the Northwood
Civic Association. I went primarily because there was to be a discussion
of HB1954.
Rep. Taylor was at the meeting. He was clearly very angry about the
opposition to HB1954. Rep. Taylor stated on several occasions that the
language in HB1954 would not restrict the rights of any community group.
He was adamant that the only thing that needed to happen was to clearly
define "aggrieved person" and "detrimentally harmed" in this bill. He also
said that there was nothing in the bill nor anywhere in zoning stating that
you had to live within 500 feet to appeal. I've checked the bill - it's
not in the bill - but need some expertise here as far as the zoning bill.
Mary Tracy was also in attendance and didn't agree with this analogy.
I left the meeting just as confused as when I went in.
How does everyone else feel about this? Any insight?
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