Anna S Jewart

June 20, 2024 | The Legal Intelligencer

To avoid luxurious lolling by local governments, the Legislature included mandatory deadlines in the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq. (MPC), which governs municipal regulation of zoning, subdivision and land development within the commonwealth. The MPC sets forth strict requirements for when and how municipalities make decisions on land use applications, in addition to how they communicate those decisions to the applicant.

By Robert Max Junker and Anna S. Jewart

8 minute read

April 12, 2024 | The Legal Intelligencer

On March 15, the U.S. Supreme Court weighed in on an issue that more directly impacts the legal interests of public officials: When does a public official's social media activity on a personal account constitute state action under 42 U.S.C. Section 1983, subjecting the public official to liability?

By Harlan S. Stone, Anna S. Jewart and Alexandra G. Farone

7 minute read

January 09, 2024 | The Legal Intelligencer

Municipal enabling legislation, such as the Borough Code, First Class Township Code and Second Class Township Code, impose advertising and other requirements for the approval of ordinances, bidding processes, approval of budgets, and other matters.

By Stephen L. Korbel, Anna S. Jewart and Anna R. Hosack

8 minute read

August 17, 2023 | The Legal Intelligencer

Penncrest attempted to develop an analysis for agencies and the OOR to utilize to determine when records related to social media pages are or are not "public records" under the RTKL. Boyer shows that these factors are mandatory and apparently here to stay.

By Harlan S. Stone and Anna S. Jewart

8 minute read

April 20, 2023 | The Legal Intelligencer

Hawkins has clear implications regarding the treatment of school surveillance videos under FERPA and the RTKL. However, Hawkins raises several questions, including whether a nonpublic record can "become" public through redaction, and therefore, be subject to disclosure under the RTKL.

By Casey Alan Coyle, Anna S. Jewart and Anna R. Hosack

9 minute read

December 22, 2022 | The Legal Intelligencer

These MPC mandated procedures require municipalities to obtain recommendations from their local planning bodies, submit proposed zoning ordinances and amendments to the relevant county planning agency, and to hold public hearings to solicit public comment.

By Harlan S. Stone and Anna S. Jewart

7 minute read

August 25, 2022 | The Legal Intelligencer

While property rights are often viewed as inherently private, both law and society recognize that there is also a public nature to the use of land. To this end, the Pennsylvania Municipalities Planning Code (MPC) establishes requirements mandating public notice of and allowing for public participation in the land use decision-making process.

By Blaine A. Lucas and Anna S. Jewart

7 minute read

April 21, 2022 | The Legal Intelligencer

Extensive case law following Robinson II makes it clear that where oil and gas development occurs is squarely within the purview of local zoning authority, while how it occurs is a state regulatory matter.

By Blaine A. Lucas and Anna S. Jewart

8 minute read

February 10, 2022 | The Legal Intelligencer

The Pennsylvania Commonwealth Court considered whether a zoning hearing board properly handled competing expert testimony over what metrics to use in calculating maximum noise levels.

By Blaine A. Lucas and Anna S. Jewart

8 minute read

December 23, 2021 | The Legal Intelligencer

Under the Eminent Domain Code, a property owner asserting that a de facto taking of property has occurred is authorized to bring an "inverse condemnation" action against the condemnor in order to receive adequate compensation for the loss.

By Blaine A. Lucas and Anna S. Jewart

8 minute read