Taxpayer Standing
September 20, 2006
Neighborhood Defense kicked off its effort to repeal Act 193 today at a press
conference at City Hall.
Neighborhood Defense is an alliance of Philadelphia community associations and
civic groups working to protect their longstanding rights to appeal decisions
of the Zoning Board and other city agencies that regulate land use.
On Monday,
Neighborhood Defense launched a
website where
individuals and community organizations can register their support for the
repeal of Act 193. The website will be used to fax and email state
representatives and senators and create local networks of community activists
who will contact and lobby their legislators.
Marc Stier,
one of the coordinators of Neighborhood Defense, and a co-founder of
Neighborhood Network—began the event by praising neighborhoods as the strength
of Philadelphia. He said that “ Community groups and neighborhood organizations
help make our city livable, and the key activity of these groups is to shape
future development through the zoning process. Having the standing to appeal
erroneous zoning decisions that harm neighborhoods is critical to this effort.
“
Mary
Tracy, executive director of SCRUB, pointed out that Act 193 is another example
of sneak legislation added to an existing bill in the waning hours of the state
legislative session. She added that “While Act 193 was aimed at SCRUB, it harms
every community group in this city. Standing to appeal unjustified zoning
decisions is the most important tool community groups have to safeguard
neighborhood character and quality of life. Without the right to appeal, civic
associations will no longer be able to leverage the laws that protect
neighborhoods.”
Lou Coffey
of the Center City Resident’s Association, pointed out that Common Pleas Judge
Dych and Judge Glazer interpreted Act 193 as taking away the standing rights of
taxpayers and community groups in two recent decisions. Though he believes the
Commonwealth Court
will reverse their decisions, Coffey says “The simplest and best way to resolve
this issue is to Repeal Act 193 which will remove any threat to standing.”
William
Ewing, a former member of the Zoning Board, pointed out that “Act 193 is a full
employment act for lawyers. Until the act is repealed, community groups “will
have to go to the courts twice to overturn decisions of the Zoning Board, once
to establish their standing to sue, and a second time to address the merits of
their claim that the Zoning Board has violated the law.” “This, “he added will
“make it much more expensive for community groups to challenge decisions of the
Zoning Board and will thus give developers more influence over development in
Philadelphia neighborhoods. “
Joe
Menkevich, of Northwoods Civic Association also pointed to the difficulties
faced by community groups when faced with developers who want to do projects
that are “inappropriate” in
Philadelphia
neighborhoods.
Jethro
Heiko of NABR, said that efforts to ameliorate the problems associated with
Casinos will require the city to retain zoning control over those casinos.
However, even if the city does retain zoning authority over the casinos, “Act
193 will undermine the effectiveness of community groups in using zoning to
protect themselves from the casinos.”
Rob
Stuart, president of the Logan Square Neighborhood Association, described the
“fair process” by which his community group makes zoning decisions. “The process
works well now,” he pointed out. “But,” he added, “Act 193 will weaken community
groups and strengthen developers.”
Other
community and civic leaders who came out in support of Neighborhood Defense were
Brett Mandel of Philadelphia Forward, Terry Gillen of South Street West, Karen
Allen of Cedar Park Neighbors, Sue McGarry of SCRUB, Fred Maurer of the Friends
of Tacony Creek Park, Reverend Jesse Brown of NAAAPI, Joshua Vincent of the
Henry George Foundation and Bonita Cummings of Strawberry Mansion Neighbors.
Neighborhood Defense will be contacting over four hundred community groups in
Philadelphia to ask them to endorse the campaign to Repeal Act 193.
Photographs from the Press Conference
Bill Ewing, former
member of ZBA
Lou Coffey, Center City
Residents Association
Mark Stier, Neighborhood Networks
