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CC_Minutes_2007_0129
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7/17/2007 9:44:44 AM
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2/27/2007 3:51:56 PM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
1/29/2007
Meeting Type
Regular
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<br />546 A.2d 755 <br /> <br />http://web2.westlaw.comlresultldocumenttext.aspx?docsample~Fals... <br /> <br />BARRY, Judge. <br />Appellant Kay Friedlander appeals an order of the Court of Common Pleas of Bradford County which <br />affirmed the decision of the Sayre Township Zoning Hearing Board (Board) to grant two applications <br />for a special use and one application for a variance flied by Robert Packer Hospital (the hospital). <br /> <br />In 1986, the hospital signed an option to purchase three parcels of property from Sayre Motel, Inc. <br />Those *166 properties are located at 301, 304 and 306 South Wilbur Avenue. The hospital planned <br />to convert all of the properties Into administrative offices. The first two are located In an area zoned <br />RIM (high density residential) by the Sayre Township Zoning Ordinance (ordinance). 306 South <br />Wilbur Avenue Is an area zoned RlS (single family residence). Hospitais are permitted within the RIM <br />district as a special use. Section 5.106 and Schedule 1 of the ordinance. Section 6.501 of the <br />ordinance permits variances only for uses permitted within the zoning district, and hospitals are not <br />permitted In the RlS district. Following a hearing, the Board granted all of the requested relief. <br />Appellant sought review from the Court of Common Pleas of Bradford County. That tribunal took no <br />additional testimony and affirmed the Board's order. This appeal followed. <br /> <br />ill ~ ill ~ Where the trial court takes no additional testimony In a zoning appeal, our scope of <br />review is limited to determining whether the Board committed an error of law or abused Its discretion. <br />Merion Park Civic Association v. Zonlnq Hearlnq Board of Lower Merlon Township, 109 <br />Pa.Commonwealth Ct. 38, 530 A.2d 968 (1987) . An abuse of discretion can be found only where <br />findings of the Board are not supported by substantial evidence. Valley View Civic Association v. <br />Zoninq Board of Adiustment 501 Pa. 550,462 A.2d 637 (1983) . Keeping In mind our scope of <br />review, we will review appellant's allegations of error. <br /> <br />ill ~ Appellant first argues that the hospital lacked standing to seek relief from the Board. Section <br />914 of the Pennsylvania Municipalities Planning Code (MPC), Act of July 31, 1968, as amended, P.L. <br />805, 53 P.S. Ii 10914, provides, "Requests for a **757 variance ... and request for a special <br />exception ... may be flied with the board by any landowner...." In section 107(12) of the MPC, a <br />"landowner" Is defined, Inter alia, as "the legal or beneficial *167 owner ... of land Including the holder <br />of an option ... to purchase...." 53 P.S. Ii 10107(12). Appellant argues that the option In this case <br />lacks specificity regarding essential terms, thereby rendering It Illusory and unenforceable. Like the <br />trial court, we believe this argument has been waived by failure to raise it before the Board. <br /> <br />Iil ~ Appellant acknowledges her failure to challenge the hospital's standing before the Board. She <br />argues that such a challenge was unnecessary, believing that standing Is Jurisdictional and therefore <br />can be raised at any time. We disagree. In Zerbe Township School District v. Thomas. 353 Pa. 162. <br />165. 44 A.2d 566. 568 (1945) , the Court stated: <br /> <br />Even If a plaintiff have no standing to bring his action, even If his statement of claim or bill In equity Is <br />demurrable, even If he fall to establish the allegations In his complaint, even If the court ultimately <br />conclude that the relief he seeks should not be granted In whole or In part, not any or all of these <br />circumstance would enter Into, much less determine, the question whether the court has jurisdiction <br />of the litigation. <br /> <br />(Emphasis added.) Appellant does not nor could she seriously challenge the jurisdiction of common <br />pleas court to hear an appeal from the Board. As the Supreme Court has made clear the lack of <br />standing does not affect a court's Jurisdiction and the failure to challenge a zoning applicant's <br />standing before the Board constitutes a waiver of that claim. <br /> <br />~ ~ <br />ill I2l Appellant argues that the Board committed an error of law In granting the <br />applications for special uses for the properties at 301 and 304 South Wilbur Avenue. As previously <br />mentioned, those parcels are located within the RIM district where hospitals are permitted as a <br /> <br />50f8 <br /> <br />12/29/2006 4:56 PM <br />
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