PENNSYLVANIA ZONING LAW AND PRACTICE Two-Volume Set Available for purchase HERE or at 800-247-3526.
Intervention. One right of a Pennsylvania citizen is to intervene (participate and argue) in court appeals of municipal zoning decisions-- if the citizen lives sufficiently close to the proposed project to have a legally enforceable interest to protect. One mile has been held to be sufficiently close. However, in a recent unreported case from the Commonwealth Court, citizens within one mile were denied a right to intervene. Why? They waited too long. They did not appeal the original decision but asked to intervene in a later decision that imposed conditions on the original decision--after the decision was remanded for that purpose. They agreed with the conditions. Citing Rule 2329, the Court said it was too late for the neighbors to try to have the original decision reconsidered by the court. MarkWest Liberty Midstream and Resources LLC v. Cecil Township Zoning Hearing Board, decided January 11, 2018.