House Bill 1954

Taxpayer Standing

Commonwealth Court Reverses ZBA Decision for Tidewater Grain Building

October 6, 2006

The enbanc panel of the Commonwealth Court of Pennsylvania

thankfully reversed the ZBA's grant of a variance allowing 38,000

square feet of advertising signs on the walls of the former Tidewater

Grain Building (2600 Penrose Ferry Rear) near Philadelphia's

International Airport.

The court ruled that:

It was wrong for Act 193 to be applied retroactively to SCRUB and other community

groups, given the chronology of this case.

The applicant did not prove a hardship.

The applicant did not prove that the signs were not contrary to the public interest.

Many Philadelphia citizens came down to testify before the Zoning Board and several were

quoted in the published Commonwealth decision, including Gary Smith, an architect and urban

planner, William Faust, a member of the Center City Residents Association, Jean Gavin,

member of the Fox Chase Home Owners Association, John Kline, vice-president of Duncan

Civic Association, Mary Tracy, executive director of SCRUB, and Councilperson David Cohen for

City Council.

William Faust opposed the signs because "the size of the proposed wall wraps will be immense"

and [i]t would dominate views for miles."

Jean Gavin testified that the proposed outdoor advertising signs "will be a real eyesore coming

from the airport."

In addition to granting standing to the community groups, the enbanc panel of judges dismissed

the billboard company's charge that Philadelphia's laws exclude billboards. The court also said that

"therefore, there was no total exclusion of outdoor advertising signs provided they complied

with the sign ordinance"

In dismissing Preston's claims that the billboard ordinance is exclusionary and doesn't allow

a use, the Court said that "the property owner had ignored the undisputed fact that the five

proposed outdoor advertising signs clearly violated numerous provisions of 14-1604 of the code."

Taxpayer Standing

After stating that his fellow judges had "allowed the unpleasantness of billboard clutter to cloud

its legal judgment," President Judge Colins wrote a dissenting opinion supporting Act 193's

intent to remove the standing of taxpayers and community groups in Philadelphia. He said, "Act

193 makes it clear that taxpayers who are not individually harmed by a zoning decision do not

all within the definition of the aggrieved persons. I would grant Preston Ship & Rail's motion to

quash as the taxpayers no longer have standing to appeal. bottom of last page."

Many thanks to Attorney Sam Stretton for his continual dedication to helping SCRUB and the

neighborhood groups in this legal case.

To download the full decision in PDF click here.

Background on Taxpayer Standing

For over ten years, SCRUB has worked with community groups and

citizens to protect the long standing right of taxpayers to participate

in zoning decisions. This includes standing to appeal decisions made

by the Philadelphia Zoning Board of Adjustment. SCRUB's court

victories in 1996 and 1999, guaranteed that any taxpayer can

participate in a Philadelphia zoning case. This has helped neighborhoods

throughout the city shape development in their communities and

protects the visual environment and quality of life of

Philadelphia. As a result of taxpayer standing in Philadelphia, SCRUB

and community groups have successfully challenged variances

granted by the ZBA allowing billboards in prohibited areas.

The billboard industry sought to remove this longstanding right and

successfully lobbied legislators in Harrisburg to add a stealth amendment to an unrelated bill which

passed in November of 2004.

Act 193 of 2004 set new legal hurdles for individual taxpayers and community groups in appealing

adverse decisions of the Philadelphia Zoning Board of Adjustment and other Commissions that

regulate development. It imposes a greater burden of proof for individuals to show that they have

standing to appeal these decisions. If the burden of proof cannot be met, the appeal will be

“quashed” or thrown out of court and the merits of the case will not be heard. This will potentially

be used by those seeking a variance to challenge Philadelphia taxpayers who do not wish to see

an exception made.

Click here for more information about Act 193 of 2004 (formerly House Bill 1954).

Fighting Back

SCRUB is leading citywide efforts to preserve the rights of taxpayers and community groups and working

in a variety of ways: zoning cases, petitions, and legislative action.

Since the passage of the bill, SCRUB's right of taxpayer standing has been questioned by various billboard

companies. In 3610 South Front Street, Keystone Outdoor Advertising is challenging standing and the

case will be critical in determining the future of taxpayer standing in Philadelphia. The next hearing for this

case is August 9th, 12:30PM. SCRUB will be presenting its case.

In the Commonwealth Court of Pennsylvania, taxpayer standing has been challenged by Preston Ship

and Rail in a case involving the Tidewater Grain Building located at 2600 Penrose Ferry. Samuel C.

Stretton, pro bono attorney for SCRUB and the community, argued the case in front of the Commonwealth

Court on February 27th, 2006. Cheryl Gaston from the City Solicitor's Office also defended taxpayer standing

at this hearing.

There have been two other recent cases regarding taxpayer standing: 3800 City Avenue and 1630 Bainbridge.

Petition

SCRUB is working with community leaders to present a petition to the Zoning Board of Adjustment asking

them to focus zoning hearings on the merits of cases rather than on the issue of standing. If your

community group is interested in learning about this effort please download the petition, present it to

your neighborhood board of directors, and mail the signed copy to SCRUB at 1315 Walnut Street, Suite

1605, Philadelphia, PA, 19107. View a list of community groups that have already signed the petition.

Legislative Action

In June of 2005, Representative Mark Cohen (D - Philadelphia) introduced legislation that would

repeal Act 193 of 2004 (HB 1698). This bill has sat in committee for over nine months. The Senate has

not introduced companion legislation. Many citizens have expressed their dismay over the lack of

response on this issue from the Senate.

Press Coverage

Bill Would Let People Appeal Zoning Rulings, June 14, 2005

Law Favors Billboard Industry by Curbing Community Beefs, December 1, 2004

Sign of the Times: A Selective Law, December 1, 2004

There Goes the Neighborhood Input, December 1, 2004

Limits on Zoning Appeals Approved, December 1, 2004

A Billboard Cover-up: Legislature Launches Sneak Attack on City, November 26, 2004

Zone this bill out of our misery, November 24, 2004

New rules change outlook for SCRUB, November 24, 2004