Alyssa E Golfieri

February 13, 2020 | The Legal Intelligencer

Zoning hearing boards have exclusive jurisdiction to hear and render final adjudications on nine discrete matters, ranging from substantive challenges to the validity of land use ordinances, to appeals from determinations of a zoning officer, to applications for variances and special exceptions from the terms of zoning and floodplain ordinances.

By Alyssa E. Golfieri

7 minute read

December 19, 2019 | The Legal Intelligencer

Now is the optimal time for municipalities to take a fresh look at their zoning ordinances to ensure they not only comply with state law, but that they are positioned to handle the influx of new and currently trending land uses.

By Blaine A. Lucas and Alyssa E. Golfieri

8 minute read

August 22, 2019 | The Legal Intelligencer

Land use disputes arising from the regulation of outdoor advertising signs (i.e., billboards) are not foreign in Pennsylvania, and over the past several decades, have become an increasingly common source of litigation in both state and federal court.

By Blaine A. Lucas and Alyssa E. Golfieri

7 minute read

April 18, 2019 | The Legal Intelligencer

There are three main equitable theories, all of which bar a municipality from enforcing its land use regulations and permit property owners to continue a use or activity in violation of applicable ordinances.

By Blaine A. Lucas and Alyssa E. Golfieri

7 minute read

December 20, 2018 | The Legal Intelligencer

Pennsylvania municipalities are “creatures of the state” and thus may only exercise those powers expressly and implicitly delegated to them by the General Assembly. One area in which municipalities have been delegated authority is the regulation of land uses.

By Blaine A. Lucas and Alyssa E. Golfieri

6 minute read

June 21, 2018 | The Legal Intelligencer

Pursuant to Section 901 of the Pennsylvania Municipalities Planning Code, the state law establishing the framework for zoning and land use development regulations in Pennsylvania, every municipality in the commonwealth that enacts a zoning ordinance is required to create a zoning hearing board.

By Blaine A. Lucas and Alyssa E. Golfieri

5 minute read

April 16, 2018 | The Legal Intelligencer

Preservation of the commonwealth's historically significant natural, scenic, cultural, and architectural features and resources is a rising priority among local municipalities—and for good reason.

By Blaine A. Lucas and Alyssa E. Golfieri

7 minute read

October 19, 2017 | The Legal Intelligencer

On July 6, the Pennsylvania Commonwealth Court rendered a decision in Board of Commissioners of Cheltenham Township v. Hansen-Lloyd, 166 A.3d 496 (Pa Commw. Ct. 2017), addressing several significant land use issues, most notably that the submittal of a mandatory sketch plan creates a vested right to develop the subject property pursuant to the ordinance provisions in effect at the time the plan is submitted.

By Blaine A. Lucas and Alyssa E. Golfieri

8 minute read

August 31, 2017 | The Legal Intelligencer

On June 27, the Commonwealth Court rendered a decision in Smith v. Ivy Lee Real Estate, 2017 Pa. Commw. LEXIS 412 (Pa Commw. Ct. 2017), holding that municipal subdivision and land development ordinances (SALDO) can be enforced through private causes of action. The case was a matter of first impression under the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq., (MPC), the state law establishing the framework for zoning and land use development regulations in Pennsylvania.

By Blaine A. Lucas 
and Alyssa E. Golfieri

9 minute read

June 22, 2017 | The Legal Intelligencer

The Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq., authorizes municipalities to engage in land use planning and implement land use controls through a number of mechanisms, including comprehensive plans, official maps, zoning ordinances, subdivision and land development ordinances and planned residential developments.

By Blaine A. Lucas and Alyssa E. Golfieri

13 minute read