November 02, 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
September 01, 2015 | The Legal Intelligencer
Content Neutrality in the Government Regulation of Free SpeechOn June 18, the U.S. Supreme Court rendered a decision in Reed v. Town of Gilbert, 135 S. Ct. 2218 (2015), finding an Arizona town's sign ordinance that imposed inconsistent regulations on different types of temporary outdoor signs an unconstitutional content-based regulation of speech.
By Krista-Ann M. Staley and Alyssa E. Golfieri
8 minute read
August 31, 2015 | The Legal Intelligencer
Content Neutrality in the Government Regulation of Free SpeechOn June 18, the U.S. Supreme Court rendered a decision in , 135 S. Ct. 2218 (2015), finding an Arizona town's sign ordinance that imposed inconsistent regulations on different types of temporary outdoor signs an unconstitutional content-based regulation of speech.
By Krista-Ann M. Staley and Alyssa E. Golfieri
8 minute read
July 07, 2015 | The Legal Intelligencer
Excessive Zoning and Land-Use Fees Subject to Legal ChallengeWith a growing number of townships, boroughs and cities experiencing fiscal challenges, many municipalities have increased or are considering increasing their fees related to the administration of their zoning, subdivision and land development, and related ordinances as a means of generating additional revenue.
By Blaine A. Lucas, Krista-Ann M. Staley ;and Alyssa E. Golfieri
8 minute read
July 06, 2015 | The Legal Intelligencer
Excessive Zoning and Land-Use Fees Subject to Legal ChallengeWith a growing number of townships, boroughs and cities experiencing fiscal challenges, many municipalities have increased or are considering increasing their fees related to the administration of their zoning, subdivision and land development, and related ordinances as a means of generating additional revenue.
By Blaine A. Lucas, Krista-Ann M. Staley ;and Alyssa E. Golfieri
8 minute read
April 28, 2015 | The Legal Intelligencer
Pa. Supreme Court Continues to Clarify Property Right ProtectionsThe Pennsylvania Supreme Court recently rendered a decision in Reading Area Water Authority v. Schuylkill River Greenway Association, 100 A.3d 572 (Pa. 2014), further narrowing the definition of what constitutes a "public purpose" for a taking by eminent domain in Pennsylvania.
By Blaine A. Lucas and Alyssa E. Golfieri
8 minute read
April 27, 2015 | The Legal Intelligencer
Pa. Supreme Court Continues to Clarify Property Right ProtectionsThe Pennsylvania Supreme Court recently rendered a decision in , 100 A.3d 572 (Pa. 2014), further narrowing the definition of what constitutes a "public purpose" for a taking by eminent domain in Pennsylvania.
By Blaine A. Lucas and Alyssa E. Golfieri
8 minute read
March 03, 2015 | The Legal Intelligencer
Municipalities' Ability to Regulate Noncommercial SpeechOn Jan. 12, the U.S. Supreme Court heard oral arguments on an appeal from the U.S. Court of Appeals for the Ninth Circuit decision in Reed v. Town of Gilbert, 707 F.3d 1057 (9th Cir. 2013), which upheld the constitutionality of an Arizona town's sign ordinance.
By Krista-Ann M. Staley and Alyssa E. Golfieri
8 minute read
March 02, 2015 | The Legal Intelligencer
Municipalities' Ability to Regulate Noncommercial SpeechOn Jan. 12, the U.S. Supreme Court heard oral arguments on an appeal from the U.S. Court of Appeals for the Ninth Circuit decision in , 707 F.3d 1057 (9th Cir. 2013), which upheld the constitutionality of an Arizona town's sign ordinance.
By Krista-Ann M. Staley and Alyssa E. Golfieri
8 minute read
December 16, 2014 | The Legal Intelligencer
Established Ordinance Interpretation and Special Exception StandardsWith the rise of unconventional shale development in many portions of Pennsylvania, there has been a corresponding increase in litigation stemming from local government actions approving and disapproving of a wide variety of oil and gas facilities.
By Blaine A. Lucas and Alyssa E. Golfieri
7 minute read
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