December 17, 2020 | The Legal Intelligencer
RLUIPA's Land Use Provisions Remain Essential Against Religious DiscriminationThe anniversary comes at a time when the COVID-19 pandemic and related restrictions have severely limited our ability to gather safely, causing many churches, synagogues, temples, mosques and other places of worship to close or limit attendance. This context provides a unique opportunity to review two decades of RLUIPA's application.
By Anna S. Jewart and Krista-Ann M. Staley
7 minute read
June 17, 2020 | The Legal Intelligencer
Commonwealth Court Sees Spot Zoning, Overturns Industrial RezoningThe Commonwealth Court recently upheld such a challenge in Allen Distribution v. West Pennsboro Township Zoning Hearing Board, No 524 C.D. 2019 (Pa. Commw. Ct. May 11, 2020), finding that West Pennsboro's decision to change the zoning of two parcels constituted illegal spot zoning.
By Anna Z. Skipper and Krista-Ann M. Staley
9 minute read
October 17, 2019 | The Legal Intelligencer
Court Strikes Down Home Rule Municipality's Right-of-Way Ordinance as Preempted by PUCOn Aug. 20, the Pennsylvania Supreme Court invalidated a municipal ordinance that imposed additional controls on state-regulated public utilities for use of the municipality's rights-of-way.
By Krista-Ann M. Staley and Jenn L. Malik
9 minute read
June 20, 2019 | The Legal Intelligencer
A Second Slice: Practical Considerations for Short-Term RentalsThe Pennsylvania Supreme Court addressed “whether a zoning ordinance that defines 'family' as requiring 'a single housekeeping unit' permits the purely transient use of property located in a residential zoning district.”
By Krista-Ann M. Staley and Jenn L. Malik
7 minute read
February 14, 2019 | The Legal Intelligencer
The Whereabouts of Weed: Zoning Implications of the Medical Marijuana ActIn 2016, Pennsylvania joined several other states in enacting legislation legalizing the use or possession of medical marijuana within its borders. Inherent in adopting this legislation is the regulation of the various retailers and manufacturers charged with supplying legal green to licensed users of medical marijuana.
By Krista-Ann M, Staley and Jenn L. Malik
7 minute read
October 18, 2018 | The Legal Intelligencer
Pennsylvania Supreme Court Upholds Philadelphia Blight OrdinancePhiladelphia has won the right to prohibit properties identified as “blighting influences” from boarding up doors and windows, and municipalities, community activists, property owners and developers should take notice
By Krista-Ann M. Staley and Amie L. Courtney
6 minute read
August 23, 2018 | The Legal Intelligencer
Raise It or Waive It: Standing Can Play a Critical Role in Zoning HearingsWhile the setting may be significantly less formal—think a public works garage or community center gymnasium rather than a marble-columned historic landmark—standing requirements apply in the context of a zoning hearing as they do in a more formal courtroom setting.
By Krista-Ann M. Staley and Amie L. Courtney
7 minute read
February 15, 2018 | The Legal Intelligencer
Commonwealth Court Addresses Zoning of Short-Term RentalsWhether you are a property owner interested in offering a room as a short-term rental, a resident opposed to short-term rentals in your neighborhood, or a municipal official hearing from concerned residents of either opinion, you should be aware that unclear zoning regulations can cause significant roadblocks for all sides of the debate.
By Krista-Ann M. Staley and Amie L. Courtney
10 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
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
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