Thursday, September 29, 2011

standing

In re Miller - Pa. Supreme Court - September 28, 2011




[T]to obtain judicial resolution of a dispute or challenge, an individual must have standing. An individual has standing only if he or she is aggrieved, i.e., adversely affected or negatively impacted in a real and direct fashion, by the proceedings at issue. Johnson v. American Standard, 8 A.3d 318, 329, 332-33 (Pa. 2010); Pittsburgh Palisades Park, LLC v. Commonwealth of Pennsylvania, 888 A.2d 655, 659-60 (Pa. 2005).


To demonstrate that he or she is aggrieved, an individual must establish "a substantial, direct and immediate interest in the proceedings.” Johnson, supra at 333. An individual’s interest in the proceedings is substantial if it “surpasses the common interest of all citizens in procuring obedience to the law.” Pittsburgh Palisades Park, supra at 660 (citation omitted). An individual’s interest is direct “if there is a causal connection between the asserted violation and the harm complained of,” and the interest is immediate “if that causal connection is not remote or speculative." Johnson, supra at 329 (citation omitted).

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