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 challenged standing, and the Zoning Board of Adjustment granted a variance despite no show of hardship and against public policy. SCRUB, Weccacoe, and Whitman Council have appealed this decision. The Common Pleas Court hearing has not yet been scheduled.
SCRUB's standing to appeal a Zoning decision regarding the Tidewater Grain Building
located at 2600 Penrose
Ferry was challenged
by Preston
Ship and Rail.
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. The en banc panel Commonwealth Court of Pennsylvania denied the standing challenge in this case, ruling that the Zoning Board hearing for the proposed variance had been held prior to the passage of Act 193. For that reason, the Court ruled that Act 193 did not effect the standing of SCRUB.
Two other cases regarding taxpayer standing are 3800 City
Avenue and 1630
Bainbridge. There will be consecutive Commonwealth Court hearings on March 5th beginning at 1:00 PM at the Widener Building, 9th Floor, 1339 Chestnut St.
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
