April 25, 2017 | The Legal Intelligencer
Municipality Cannot Initiate Civil Enforcement While Appeal Is PendingOn March 29, the Commonwealth Court rendered a decision in Borough of West Conshohocken v. Soppick, 2017 Pa. Commw. LEXIS 90 (Pa Commw. Ct. 2017), significantly limiting when a municipality may initiate a civil enforcement action seeking a judgment for fines for the alleged violation of its zoning ordinance.
By Blaine A. Lucas and Alyssa E. Golfieri
10 minute read
February 16, 2017 | The Legal Intelligencer
Established Evidentiary Standards for Special Exception ApplicationsThe 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, authorizes a municipality to adopt a zoning ordinance containing provisions permitting uses of land by special exception administered by the zoning hearing board.
By Blaine A. Lucas and Alyssa E. Golfieri
13 minute read
October 20, 2016 | The Legal Intelligencer
Commonwealth Court Reiterates Standards When Interpreting Zoning OrdinancesIn Pennsylvania, municipal governing bodies and zoning hearing boards are entitled to considerable deference when interpreting and applying their own zoning ordinances. This deference is based largely on the premise that municipal bodies and boards charged with drafting and administering zoning ordinances possess an unparalleled knowledge of and expertise in their own ordinances, as in In re Thompson, 896 A.2d 659, 669 (Pa. Commw. Ct. 2006).
By Krista-Ann M. Staley and Alyssa E. Golfieri
16 minute read
August 26, 2016 | The Legal Intelligencer
Nonconforming Use Certificates Cannot Extinguish a Nonconforming UseOn July 14, the Commonwealth Court rendered a decision in Hunterstown Ruritan Club v. Straban Township Zoning Hearing Board, 2016 Pa. Commw. LEXIS 327 (Pa. Commw. Ct. 2016), confirming that a property owner's failure to register a nonconforming use with a municipality and obtain a nonconforming use certificate is not fatal to the continuance of the use.
By Blaine A. Lucas and Alyssa E. Golfieri
15 minute read
June 29, 2016 | The Legal Intelligencer
What Constitutes a Zoning Map Change for Notice RequirementsOn March 2, the Commonwealth Court rendered a decision in Embreeville Redevelopment v. Board. of Supervisors of West Bradford Township, 134 A.3d 1122 (Pa. Commw. Ct. 2016), which clarified when a zoning ordinance amendment, although solely textual on its face, constitutes a zoning map change and triggers the additional notice requirements under Section 609(b) of the Municipalities Planning Code, 53 P.S. Section 10609(b).
By Blaine A. Lucas and Alyssa E. Golfieri
15 minute read
April 24, 2016 | The Legal Intelligencer
Municipality's Obligation to Process Development Plans in Good FaithOn Jan. 13, the Commonwealth Court rendered a decision in Honey Brook Estates v. Board of Supervisors of Honey Brook Township, 2016 Pa. Commw. LEXIS 52 (Pa. Commw. Ct. 2016), that reaffirmed a municipality's obligation to act in good faith when processing subdivision and land development plans. The Commonwealth Court originally articulated the elements of this obligation in Raum v. Board of Supervisors, 370 A.2d 777 (Pa. Commw. Ct. 1977).
By Blaine A. Lucas and Alyssa E. Golfieri
12 minute read
February 26, 2016 | The Legal Intelligencer
Court: Oil and Gas Operations Compatible with Agricultural UsesEditor's note: The authors represented Cardinal before the township, trial court and Commonwealth Court.
By Blaine A. Lucas, Krista-Ann M. Staley and Alyssa E. Golfieri
6 minute read
December 29, 2015 | The Legal Intelligencer
High Court Clarifies Standing Requirements Before Zoning BodiesOn Oct. 29, the Pennsylvania Supreme Court rendered a decision in Scott v. City of Philadelphia, 2015 Pa. LEXIS 2510 (Pa. 2015), clarifying the difference in the law related to standing before a zoning hearing board governed by the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq., (MPC) and standing before a zoning board of adjustment governed by the Pennsylvania First Class City (i.e., Philadelphia) Home Rule Act, 53 P.S. Section 13131.1, ("Home Rule Act). Attention to the intricacies of the law governing standing is critical because a failure to challenge an objector's standing at the appropriate stage of a proceeding can result in the use of an applicant's property being interrupted or prevented by an objector who may not be directly impacted by that use.
By Blaine A. Lucas and Alyssa E. Golfieri
8 minute read
December 28, 2015 | The Legal Intelligencer
High Court Clarifies Standing Requirements Before Zoning BodiesOn Oct. 29, the Pennsylvania Supreme Court rendered a decision in Scott v. City of Philadelphia, 2015 Pa. LEXIS 2510 (Pa. 2015), clarifying the difference in the law related to standing before a zoning hearing board governed by the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq., (MPC) and standing before a zoning board of adjustment governed by the Pennsylvania First Class City (i.e., Philadelphia) Home Rule Act, 53 P.S. Section 13131.1, ("Home Rule Act). Attention to the intricacies of the law governing standing is critical because a failure to challenge an objector's standing at the appropriate stage of a proceeding can result in the use of an applicant's property being interrupted or prevented by an objector who may not be directly impacted by that use.
By Blaine A. Lucas and Alyssa E. Golfieri
8 minute read
November 03, 2015 | The Legal Intelligencer
A Governing Body's Authority to Condition Land Development Plan ApprovalThe Commonwealth Court recently rendered a decision in Lyons Borough v. Township of Maxatawny, 2015 Pa. Commw. LEXIS 310 (Pa. Commw. Ct. 2015), addressing the scope of a municipal governing body's authority under the Pennsylvania Municipalities Planning Code to impose conditions on a developer's final land development plan approval. The court's decision in Lyons is an important development because it significantly restricts the type of conditions a municipality may impose on a final land development approval, finding several conditions routinely imposed by municipalities at that stage to be improper.
By Blaine A. Lucas and Alyssa E. Golfieri
5 minute read
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