Press Release:
Commonwealth Court Hears Arguments
on Taxpayer Standing
June 7th, 2006
(Philadelphia) On Wednesday, January 7, 2006 a
panel of seven Commonwealth Court Judges heard oral arguments regarding the
right of Philadelphia taxpayers and community groups to appeal decisions made
by Philadelphia's Zoning Board of Adjustments. The court agreed to hear the
standing challenge raised by Preston Ship and Rail, who is seeking 26 zoning
variances allowing for the construction of 5
mega-sized outdoor advertising wall wraps, a total area of 38,744 square feet,
on the exterior of the Tidewater Grain Building near the Philadelphia
International Airport. The proposed variance would violate 26 provisions of
Philadelphia's zoning code, including size, height, and number of structures.
President Judge James Colins
ordered both parties to reappear before the Commonwealth Court and present
arguments to a seven member panel of Judges. A three judge panel heard arguments
for the case on February 27, 2006 but were unable to reach a final
decision. The en Banc Court will write its decision as to whether Act 193 of
2004 removed the longstanding rights of citizens and community groups to
challenge decisions of the Zoning Board of Adjustments and other Philadelphia
agencies and if granted standing, whether there is a unique hardship on the
property to warrant allowing the exessive amount of signage. Many thanks to pro
bono Attorney Samuel C. Stretton for spending many hours of time representing
SCRUB, Friends of FDR Park, Logan Square Civic, CCRA, Councilman Cohen, Phil
Straus, Mary Tracy and
Act 193 of 2004, (formerly called HB 1954) included a stealth amendment added
by Lebanon State Senator Chip Brightbill of the Senate Appropriations Committee
which changed the purpose of HB 1954 from helping the city raise the amount of
fines for code violations, to meddling with Philadelphia’s Home Rule Charter and
the long existing right of “Philadelphia taxpayers” to challenge Zoning Board
decisions. Mary Tracy, Director of SCRUB (Society Created to Reduce Urban
Blight) said that the bill was a blatant attempt by the billboard industry to
silence citizens by
setting new legal hurdles for community groups that will complicate and possibly
eliminate a citizen’s ability to challenge zoning decisions." SCRUB and its
neighborhood partners believe that lawmakers who supported this amendment are
trying to tip the system to benefit special
interests in Philadelphia.
