A trial court misapplied a relevant Commonwealth Court decision when it used that decision to reject the petition of neighbors attempting to intervene in a land use dispute, the Commonwealth Court has ruled.
A zoning hearing board cannot defend itself beyond the trial court level, so if the neighbors did not intervene, there would be no party representing the neighbors’ interests to appeal the trial court’s decision against those interests, according to the opinion in Atticks v. Lancaster Twp. ZHB, PICS Case No. 07-0075 (Pa. Commw. Jan. 18, 2007) Friedman, J. (11 pages).
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