Brendel v. ZONING ENFORCEMENT OFFICER
Commonwealth Court of Pennsylvania
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
- Pittsburgh Trust for Cultural Resources v. Zoning Board of AdjustmentCommonwealth Court of Pennsylvania · 1992
- Friedlander v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1988
- Mixon v. CommonwealthCommonwealth Court of Pennsylvania · 2000
- In Re Nomination Petitions McElhattonCommonwealth Court of Pennsylvania · 1999
- McMullen v. Zoning Hearing BoardCommonwealth Court of Pennsylvania · 1985
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