Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

DELANO M. LANTZ AND BRUCE G. HARRIS v. ZONING HEARING BOARD SOUTH MIDDLETON TOWNSHIP ET AL. (08/26/83)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: August 26, 1983.

DELANO M. LANTZ AND BRUCE G. HARRIS, D.D.S., APPELLANTS
v.
THE ZONING HEARING BOARD OF SOUTH MIDDLETON TOWNSHIP ET AL., APPELLEES

Appeal from the Order of the Court of Common Pleas of Cumberland County in the case of Delano M. Lantz, Bruce G. Harris, D.D.S. v. The Zoning Hearing Board of South Middleton Township, George R. Bear and Jeanne Bear, No. 740 Civil 1981.

COUNSEL

C. Grainger Bowman, McNees, Wallace & Nurrick, for appellants.

Thomas H. Bietsch, Bietsch & Morgenthal, for appellees.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.

Author: Crumlish

[ 76 Pa. Commw. Page 564]

Delano M. Lantz and Bruce M. Harris appeal a Cumberland County Common Pleas Court order dismissing their appeal of the South Middleton Township Zoning Hearing Board's decision that George and Jeanne Bear had acquired vested rights to a conditional use and building permit. We affirm.

The issue here is whether Lantz or Harris has standing to appeal the board's decision. We hold that neither of them does. Lantz clearly lacks standing because he does not own property in South Middleton Township. See Cablevision v. Zoning Hearing Board of Easton, 13 Pa. Commonwealth Ct. 232, 320 A.2d 388 (1974). Harris owns property extending into the township, but the common pleas court determined that he did not have the immediate and pecuniary interest in the matter that is required for standing to appeal a zoning board decision. See Snyder v. Railroad Borough, 59 Pa. Commonwealth Ct. 385, 430 A.2d 339 (1980). He has not directed us to, and our review

[ 76 Pa. Commw. Page 565]

    has not revealed, sufficient record evidence to indicate that the common pleas court erred.*fn1

Affirmed.

Order

The Cumberland County Common Pleas Court order in 740 Civil Docket 1981, dated February 26, 1982, is hereby affirmed.

Disposition

Affirmed.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.