Legal Opinion · Dissent

Brendel v. ZONING ENFORCEMENT OFFICER

Commonwealth Court of Pennsylvania

Decided July 9, 2001Published

1Dissent

DOYLE, President Judge,

dissenting.

I respectfully dissent to the majority’s decision to quash this appeal on the ground that Borough of Ridgway did not intervene in the proceedings before the *753Common Pleas Court and, consequently, lacks standing to appeal to this Court.

The question of a party’s lack of standing or capacity to sue is not a jurisdictional one and the issue may be waived. Mixon v. Commonwealth, 759 A.2d 442 (Pa.Cmwlth.2000); Friedlander v. Zoning Hearing Board of Sayre Borough, 119 Pa. Cmwlth. 164, 546 A.2d 755 (1988); McMullen v. Zoning Hearing Board of Harris Township, 90…

2Cases cited6 opinions

  1. Pittsburgh Trust for Cultural Resources v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1992
  2. Friedlander v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1988
  3. Mixon v. CommonwealthCommonwealth Court of Pennsylvania · 2000
  4. In Re Nomination Petitions McElhattonCommonwealth Court of Pennsylvania · 1999
  5. McMullen v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1985

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