October 08, 2024 | The Legal Intelligencer
Pa. Supreme Court Denies Taking Due to a Lack of a Public PurposeIn a recent decision, the Pennsylvania Supreme Court in Wolfe v. Reading Blue Mountain, affirmed the trial court's ruling that a condemnation was unlawful because it was intended to benefit a single private business rather than the public as a whole.
By Alan Nochumson and Alex Goldberg
7 minute read
August 14, 2024 | The Legal Intelligencer
Commonwealth Court Affirms ZBA Hardship Finding Due to Commercial Viability and Need for Costly Environmental RemediationIn In re Appeal of Council Member Cindy Bass, the Pennsylvania Commonwealth Court affirmed, in part, a decision by Philadelphia's Zoning Board of Adjustment (ZBA), finding that a real estate developer's evidence established an unnecessary hardship because it proved that the property, a vacant lot that needed costly environmental remediation, was practically valueless without the granting of a variance under the Philadelphia Zoning Code.
By Alan Nochumson and Alex Goldberg
8 minute read
April 29, 2024 | The Legal Intelligencer
In 'Shyam Ventures,' Court Reinforced Boundaries on the Expansion of a Legal Nonconforming UseIn a recently published opinion, the Pennsylvania Commonwealth Court in Shyam Ventures v. Zoning Hearing Board of the Borough of Castle Shannon, 2024 Pa. Commw. LEXIS 76 (Pa. Cmwlth. Mar. 7, 2024), set clear limits on the expansion of a legal nonconforming use and when such an expansion may be considered an entirely new use altogether.
By Alan Nochumson and Alex Goldberg
7 minute read
March 05, 2024 | The Legal Intelligencer
Court: An Existing Short-Term Rental May Be Considered a Legal Nonconforming UseIn a recently published opinion, the Pennsylvania Commonwealth Court in Johnson v. Pocono Township Zoning Hearing Board, found that an owners' use of their property as a short-term rental was a legal, existing nonconformity even after an ordinance outlawed such a use in the municipality.
By Alan Nochumson and Alex Goldberg
8 minute read
January 09, 2024 | The Legal Intelligencer
Phila.'s Landlord Gateway Program Creates Centralized Online Portal for City LandlordsLast year, the city of Philadelphia created an online portal called the landlord gateway program which allows for easy, centralized access to the resources needed for current and prospective landlords to navigate the city's processes and requirements in single location. In this article, we give a brief overview of the topics covered in the gateway and provide a basic checklist for aspiring and existing landlords.
By Alan Nochumson and Alex Goldberg
8 minute read
December 04, 2023 | The Legal Intelligencer
Court: Exterior Inspections May Not be Enough—Demolition as a Last ResortIn a recent decision, the Pennsylvania Commonwealth Court in City of Philadelphia v. A Kensington Joint, cautioned that local governments in Pennsylvania desiring to demolish an allegedly unsafe building structure may need to rely on more than just an inspection of the exterior of the building structure before having it demolished by way of court order.
By Alan Nochumson and Alex Goldberg
8 minute read
September 05, 2023 | The Legal Intelligencer
Court Upholds School District's Ability to File Tax Assessment Appeals on Recently Sold, Underassessed PropertiesIn a published opinion issued by the Pennsylvania Supreme Court in GM Berkshire Hills v. Berks County Board of Assessment, 290 A.3d 238 (Pa. 2023), a split court upheld the ability of school districts to file real estate tax assessment appeals on recently sold, underassessed properties.
By Alan Nochumson and Alex Goldberg
7 minute read
August 09, 2023 | The Legal Intelligencer
Court Estops Township From Revoking Governmental Approval for Real Estate Development ProjectThe Commonwealth Court prevented a township from compelling a property developer to modify an already constructed building structure that technically ran afoul of local zoning ordinances based upon the doctrines of variance by estoppel and equitable estoppel due to the failure of township officials to provide the property developer with proper guidance during the real estate development project.
By Alan Nochumson and Alex Goldberg
8 minute read
July 07, 2023 | The Legal Intelligencer
Tenant Not Entitled to Rent Abatement Stemming From Landlord's Lead Paint SuitCan a long-term tenant sue for rent abatement and reimbursement of legal fees and costs for their landlord's failure to comply with the city of Philadelphia's lead paint disclosure and certification laws in a renewal lease? For a long-term tenant living in an apartment unit in the Haddington neighborhood of West Philadelphia the answer is no.
By Alan Nochumson and Alex Goldberg
7 minute read
June 05, 2023 | The Legal Intelligencer
People's Preservation Package Seeks to Maintain Affordable Housing in Phila.Councilmember Jamie Gauthier's newly passed People's Preservation Package seeks to halt the potential freefall for federally assisted affordable housing (affordable housing) in Philadelphia.
By Alan Nochumson and Alex Goldberg
6 minute read
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