Zoning Hearing Board v. Dove

Opinion by

Judge Craig,

The Zoning Hearing Board of Derry Township here seeks to overturn an order of the Court of Common Pleas of Dauphin County, reversing a decision of that board, which had denied landowner Ernest Dove’s request for a variance.

The long-settled rule is that a zoning hearing board has no standing to appeal a final order of a court of common pleas. Lansdowne Borough Board of Adjust ment’s Appeal, 313 Pa. 523, 170 A. 867 (1934). Here the township itself could have intervened in the common pleas court under Section 1009 of the Pennsylvania Municipalities Planning Code 1 in order…