Spahn v. Zoning Board of Adjustment

In Spahn v. Zoning Board of Adjustment, 602 Pa. 83, 977 A.2d 1132 (2009), our Supreme Court examined the impact of section 17.1 of the First Class City Home Rule Act (Home Rule Act) on section 14-1807(1) of the Code. Section 14-1807 Code contains the following relevant provisions regarding zoning appeals: (1) Any person or persons jointly or severally aggrieved by any decision of the Board, or any taxpayer, or any officer, department, board or bureau of the City, may appeal by presenting to the Court of Common Pleas a Notice of Appeal setting forth the date of the decision by the Board, the calendar number of the case before the Board, and the address of the property involved, and attaching a copy of the decision from which the appeal is being taken.... (2) The Zoning Board of Adjustment, the City of Philadelphia, and the applicant before the Board (if not the appellant) shall be named as appellees in said appeal, with the right to appear by counsel, or in the case of the applicant before the Board, in person or by counsel, and defend such action. All parties that entered an appearance in the proceedings before the Zoning Board of Adjustment may intervene in the appeal as of right by filing with the Prothonotary a Praecipe to Intervene within thirty (30) days of the date of service of the Notice of Appeal. The Court may permit any other person or persons claiming an interest to assert his, her or their right by intervention.