Preview:

IN THE COMMONWEALTH COURT OF PENNSYLVANIA Dr. Helicopters, LLC. Principle, Michael B. Selig, Appellant v. South Whitehall Township BEFORE: : : : : : : :

No. 1218 C.D. 2012 Submitted: November 2, 2012

HONORABLE BERNARD L. McGINLEY, Judge HONORABLE PATRICIA A. McCULLOUGH, Judge HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge

OPINION NOT REPORTED MEMORANDUM OPINION BY JUDGE McGINLEY FILED: January 30, 2013

Dr. Helicopters, LLC. Principle, Michael B. Selig (Selig) appeals, pro se, from the order of the Court of Common Pleas of Lehigh County (trial court) which granted the Motion for Sanctions filed by South Whitehall Township (Township) and awarded counsel fees in the amount of $20,000 to the Township and against Selig.

Factual Background Selig and his wife, Gail Selig (Mrs. Selig) were owners1 of a 7.5 acre parcel located at 2880 Orefield Road, Allentown, Pennsylvania. Selig was sole owner of an adjoining property which consisted of 2.5 acres, and a residence, located at 2816 Orefield Road. Both 2880 and 2816 Orefield Road were originally located in an "Industrial" zoning district.

1

As tenants in the entireties.

In 2000, Selig sought, and obtained, approval to change the zoning of one of his parcels, 2880 Orefield Road, from "Industrial" to "Rural Holding."

At some point in 2006, Mrs. Selig instituted divorce proceedings which included a request for distribution of the marital property located at 2880 Orefield Road. Selig's Special Exception for Heliport Reversed In 2006, Selig filed an application for zoning relief with the Zoning Hearing Board (ZHB) seeking a special exception and dimensional variance to operate a private heliport on the 2880 Orefield Road property. On July 31, 2006, the ZHB granted Selig a special exception approval to operate a private, noncommercial, heliport on the 2880 Orefield Road property.

On December 12, 2006, Mrs. Selig filed a nunc pro tunc appeal from the grant of the special exception on the ground that she, as joint-owner, opposed use of the 2880 Orefield Road property for a private heliport. She claimed her estranged husband had obtained the special exception without her consent or approval. Selig was notified of the hearing on Mrs. Selig's nunc pro tunc appeal, but he did not appear or intervene. After hearing evidence, Judge Alan M. Black (Judge Black) reversed the ZHB's grant of the special exception on April 11, 2007. Although Selig never intervened in the matter, he attempted to appeal from the April 11, 2007, order to this Court. This Court quashed his appeal on June 11, 2007, for lack of standing.

2

Ordinance Amended

Download 1218-c-d-2012.pdf

Pennsylvania Law