Blaine A Lucas

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

April 25, 2017 | The Legal Intelligencer

On 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

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, 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

August 26, 2016 | The Legal Intelligencer

On 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