Hmm, where's Ezra when you need him?

Yes, compliments of last minute bills, unless you meet certain tape measure requiremens, the people of Philadelphia are no longer allowed to question their city government about land use and zoning, or at least can't sue to have the law enforced as written.

Hal

Thanks Hal - this is pretty much the same bill that we defeated a couple of years ago. They snuck this turkey back in over the weekend.

Here's Mary Tracy's take:
ACTION ALERT

Sneak Attack in Harrisburg Removes Philadelphia's Taxpayers Right to Appeal
Zoning Decisions

Please Call GOVERNOR RENDELL and ask him to VETO BILL 1954 Phone number
717 787 2500



On November 19, 2004 the Senate Appropriations Committee added new
language to an appropriations bill, House Bill 1954 that removes
Philadelphia taxpayer standing to appeal zoning decisions in Philadelphia.
Please call Governor Rendell to ask him to VETO this amendment and retain
citizens' rights in Philadlephia to legally challenge unjustified decisons
by the zoning board. Please call now. Phone number 717 787 2500



House Bill No. 1954 Section Printers No 4797

. Section 2 THE ACT IS AMENDED BY ADDING A SECTION TO READ:
Section 17.1 SPECIFIC POWERS -IN ADDITION TO ANY AGGRIEVED PERSON, THE
GOVERNING BODY VESTED WITH LEGISLATIVE POWERS UNDER APPEAL ANY CHARTER
ADOPTED PURSUENT TO THIS ACT SHALL HAVE STANDING TO APPEAL ANY DECISION OF A
ZONING HEARING BOARD OR OTHER BOARD OR COMMISSION CREATED TP REGULATE
DEVELOPMENT WITHIN THE CITY. AS USED IN THIS SECTION, THE TERM "AGGRIEVED
PERSON " DOES NOT INCLUDE TAXPAYERS OF THE CITY THAT ARE NOT DETRIMENTALLY
HARMED BY THE DECISION OF THE ZONING HEARING BOARD OR OTHER BOARD OR
COMMISSION CREATED TO REGULATE DEVELOPMENT.

Section 3. This act shall take effect immediately

__________________
“Cities have the capability of providing something for everybody, only because, and only when, they are created by everybody.” - Jane Jacobs

Here's a better description of the bill - and a link to Hallwatch where you can send a letter to Rendell.

This is really important. Not only would it gut the ability of SCRUB to intervene, it would do away with the ability of the Preservation Alliance to try to save a structure - at least through the courts.

http://www.hallwatch.org/faxbank/hb1954

Please take a minute to go to Hallwatch and send a letter to Rendell

+++++++++++++++++++++++++++++++++++++++++++

To: Community Leaders
From:Mary Tracy
Date: November 23,2004

Thanks to all who have called Governor Rendell (717) 787-2500. to ask him to
veto Bill 1954. Please take a few minutes to visit Hallwatch and write a quick
message to the Governor which will also be sent to all Philadelphia's State
Senators and State Representatives.
Webmaster Ed Goppelt has set up a fax gateway for this purpose located at

http://www.hallwatch.org/faxbank/hb1954



For those who are interested in more information a summary is attached as a word
file and it is also posted below. Special thanks to Attorneys Bill Whelan and
Marc Stier for their assistance in preparing this document.


---------------------------------------------------------------------------------------------------
Information Sheet on House House Bill 1954


By means of a sneak amendment, the Pennsylvania State Legislature has voted to
strip individual citizens and community associations in Philadelphia of their
legal right to protect the quality of life in their own neighborhood and the
city as a whole by appealing in court the decisions of the Zoning Board of
Adjustment and other boards that "regulate development" in the city including,
for example, the Historical Commission. If this stealth action is not vetoed by
Governor Rendell, it would limits self-government in Philadelphia and deprives
our citizens of their long standing right to legally participate in zoning and
other decisions.


House Bill 1954
The amendment was added to House Bill 1954 and voted out of the Senate
Appropriations Committee Meeting, on Friday, 11/19. The House Bill was approved
by both the House and Senate during a final vote at the 11/20 session. Despite
the severe consequences of this action, no public comment was sought nor notice
given of this action. Most State Representatives and Senators seem unaware that
the final language of the House Bill limits the rights of Philadelphians.

What is House Bill 1954
HB 1954 makes it much more difficult for individual taxpayers and community
groups to appeal adverse decisions of the Philadelphia Zoning Board of
Adjustments 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.
The standing of citizens and community groups can now be challenged and those
interested in seeing the zoning code enforced in their communities may have to
litigate twice: first to prove standing and if they win standing, to appeal the
merits of the case.

What does Philadelphia's Zoning Code Currently Allow?
Under current law, any person aggrieved or any taxpayer may appeal a decision of
the Zoning Board of Adjustment. This includes local and citywide community
groups because they are considered groups of taxpayers. Because they are
composed of taxpayers, the standing of these groups in court is never in
question. If they appeal a decision of the Zoning Board, that appeal is heard on
its merits as a matter and argued before the court as a matter of right.

House Bill 1954 Changes Philadelphia Taxpayer's Rights to Appeal
Under House Bill 1954, only "aggrieved persons" who can show they are
"detrimentally harmed" can appeal a decision of the Zoning Board or other
agencies that regulate development, such as the Historical Commission.
"Aggrieved persons" is a legal term that normally requires a person appealing a
decision to show ownership or property interests adjacent or close to the
property under dispute, but it has been interpreted elsewhere to include
community and civic organizations which have participated in the board hearing.
The new term "detrimentally harmed," has no recognized legal meaning, so it is
likely to lead to extensive litigation, and it may be interpreted to deny
standing to community groups which would have standing in any other part of the
state.

How does House Bill 1954 change the appellate right of community groups?
Community groups, both neighborhood and citywide organizations currently have
automatic standing because they are considered a group of taxpayers under the
Philadelphia Code. It will be much more difficult for a community group to
appeal zoning and other decisions under the state's new standard.

How does House Bill 1954 violate Philadephia's right to Home Rule?
Whether you think this law is a good idea or a bad one, we in Philadelphia
should have the right to decide how decisions about development in our city are
made. Why should state legislators from Altoona and Erie and State College make
these decisions? Passage of HB 1954 would be one more step in the limitation of
our right to govern our own city.

Why was House Bill 1954 passed?
The path to enactment of House Bill was so secretive that we do not know exactly
who is behind it. But we can guess that this is another effort on the part of
those interests who previously sought to enact Bill 629 in Philadelphia in 2001.
Bill 629 was known as the Billboard Bill because it was supported by Billboard
companies who were seeking to limit the ability of groups such as SCRUB to
appeal decisions of the Zoning Board that violated Philadelphia's Billboard Law.
In 2001, community groups throughout the city rallied against Bill 629. Though
it passed City Council by one vote, Mayor Street vetoed it.

In June of 2002, these same forces tried to sneak the provisions of Bill 629
through the General Assembly by attaching it to SB 1100. Vigilant efforts on
the part of community groups and state legislators lead to this amendment being
dropped at the last minute.

So, once again, business interests that seek to override the interests and
concerns of community groups in the city are seeking to limit our right to
challenge decisions of the Zoning Board and other agencies in court.
Unfortunately, no one noticed this amendment before the bill was passed.,

How can we stop House Bill 1954?
Only Governor Rendell can stop HB 1954 by vetoing it. Please write, call, fax,
or email the Governor immediately. Here is how to contact him:
Governor Edward G. Rendell
225 Main Capitol Building
Harrisburg, Pennsylvania 17120
(717) 787-2500.
FAX: (717) 772-8284
governor@state.pa.us

__________________
“Cities have the capability of providing something for everybody, only because, and only when, they are created by everybody.” - Jane Jacobs

Amazing. OK, my letter's sent, and I'll try to mobilize some interest in Fairmount.

Let's maybe revisit this whole secession idea again...what do we say to Philadelphia breaking away from the rest of PA? Between their transit failure and this piece of cr@p legislation, cutting off contact with the rest of this backward state could be a winning idea.

Eh, I think the crap legislation was asked for by Philly
<<erase erase -Residents- >>
>> pencil in "Business Interests" cause that WAS a bad choice of words<<

I don't really think that people in the suburbs care about standing rules in Philadelphia-

This is something that somebody in Philly wanted, couldn't get through the courts, couldn't get through City Council, so they had to try the 3 point shot from Harrisburg to get


Hal

Actually, Hal, I suspect that the legislation was requested by the outdoor advertising companies - which pushed it both times before. I also suspect that it is being pushed by the parking companies who are worried that folks like Noel Weyrich are pushing to change rules for surface lots - especially going after the property tax situation.

Both industries are large contributors to politicians.

__________________
“Cities have the capability of providing something for everybody, only because, and only when, they are created by everybody.” - Jane Jacobs

Like Chris, I seriously doubt Philadelphia "residents" asked for this. Big-money interests who stand to profit from squelching public dissent are the more likely culprits.

Okay, I just wrote my letter and posted something on the www.fishtown.us site. Man, when the FNA gets word of this, I'm sure it will be writing a letter as well.

__________________
Resident of Fishtown, Moderator of Fish/No. Libs/Kenzo forum, Real Estate Agent-Prudential Fox & Roach

Thanks Brooke. Thanks Niel. As one of the folks who led the battle on Bill 629, it really pisses me to see this thing come back again and again - each time, snuck under the radar, by the sign industry.

__________________
“Cities have the capability of providing something for everybody, only because, and only when, they are created by everybody.” - Jane Jacobs

I heard Rendell actually signed this. Is that information correct?

__________________
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