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The Legal Intelligencer

Farano v. C & D Trout Ponds, Inc., PICS Case No. 17-0407 (C.P. Carbon Dec. 31, 2016), Serfass, J. (16 pages).

By | March 24, 2017
A reservation in plaintiffs' deeds created a restriction on the use of defendant's property as open space for the benefit of subdivision lots even though the deed to defendant's lot did not expressly contain the restriction. The court found an implied restriction based on the conduct of the parties.
6 minute read

New York Law Journal

Eligibility of Residential Developments for IDA Benefits

In his Zoning and Land Use Planning column, Anthony Guardino discusses 'Matter of Ryan,' which upheld what has long been understood to be the rule: Residential developments are eligible to receive industrial development agency benefits.
17 minute read

The Legal Intelligencer

In re Appeal of Chestnut Hill Cmty. Ass'n, PICS Case No. 17-0372 (Pa. Commw. March 3, 2017) Covey, J. (17 pages).

By | March 17, 2017
Zoning board erred in granting a variance to construct a front yard open-air parking space where property owners' inability to reach a rear parking space did not represent a physical circumstance unique to the property constituting an unnecessary hardship. Order of the trial court reversed.
5 minute read

The Legal Intelligencer

Trapasso v. Marryshow, PICS Case No. 17-0346 (C.P. Monroe Jan. 18, 2017) Williamson, J. (17 pages).

By | March 17, 2017
In negotiating the terms of an easement, defendant acted with apparent authority on behalf of his brother and with actual authority as personal representative of his mother's estate. In reliance on defendant's agreement to the terms of an easement, plaintiff proceeded to incur engineering and legal expenses to effectuate the easement. Defendant breached the parties' agreement by failing to execute the easement deed, and was liable for damages.
5 minute read

The Legal Intelligencer

In Re: Appeal of Aram K. Jerrehian, PICS Case No. 17-0373 (Pa. Commw. March 6, 2017) Leavitt, J. (22 pages).

By | March 17, 2017
A township zoning board erred in holding that a right-of-way was not a "street" under the zoning code. Appeal granted in part and rejected in part.
6 minute read

The Legal Intelligencer

Take Back Your Neighborhood v. Zoning Bd., PICS Case No. 17-0309 (C.P. Philadelphia, Feb. 7, 2017) Fletman, J. (7 pages).

By | March 17, 2017
Zoning board properly granted a special exception to allow property to be used as a nonmedical program facility because applicant met all the requirements for a special exception and appellant, which contended that the proposed facility would be a detriment to the neighborhood, failed to meet its burden of proof and presented no evidence of specific safety or parking concerns. Affirmed.
3 minute read

The Legal Intelligencer

Demko v. City of Pittsburgh Zoning Bd. of Adjustment, PICS Case No. 17-0368 (Pa Commw. March 7, 2017) Hearthway, J. (20 pages).

By | March 17, 2017
Zoning board erred in granting variances and special exceptions for redevelopment of nonconforming property where developers sought to increase nonconformity, rather than merely maintaining existing nonconformity. Order of the trial court affirmed.
7 minute read

Daily Business Review

Attorney General Bondi Holds Out Hope in Decades-Old 'Water Wars'

With the U.S. Supreme Court expected later this week to review a recommendation that would deny Florida relief in its decades-old water dispute with Georgia, Attorney General Pam Bondi said the case is not over yet.
8 minute read

The Legal Intelligencer

Landowners, Energy Co. Spar Over Gas Drilling in Residential Zone

Fracking, constitutional rights and the Pennsylvania Supreme Court's sweeping decision in Robinson Township v. Commonwealth were all part of the arguments several property owners raised before the high court Wednesday in their attempt to block a natural gas well from coming into their town. But for at least one justice the issue might come down to a big case of NIMBY, or "Not in My Back Yard" concerns.
7 minute read

New York Law Journal

Cuomo Administration Proposes Eliminating Some Projects From Environmental Review

Gov. Andrew Cuomo's administration is proposing to "streamline" the Environmental Quality Review Act—the state's main means of gauging the environmental impact of major development projects since the mid-1970s—partly by classifying more projects as not requiring review.
9 minute read

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