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The Legal Intelligencer

Shvekh v. Zoning Hearing Bd., PICS Case No. 17-0213 (Pa. Commw. Feb. 6, 2017) Leavitt, P. J. (14 pages).

By | February 17, 2017
Trial court erred in upholding zoning board's decision that appellant's renting of her single-family dwelling was use as a "tourist home" because there was nothing in the ordinance to prohibit the owner of a single-family home from renting it out from time to time. Reversed.
6 minute read

The Legal Intelligencer

McCulloch v. Catasauqua Zoning Hearing Bd., PICS Case No. 17-0183 ( C.P. Lehigh County Jan. 25, 2017) Johnson, J. (7 pages).

By | February 17, 2017
Zoning board properly limited appellant to housing no more than 10 cats when it granted her a use variance to operate a kennel at her single-family residence because the limitation on the number of cats was directly related to the provision in the ordinance limiting the number of animals that were permitted to be maintained in a single-family residence in a residential district. Appeal denied and dismissed.
3 minute read

The Legal Intelligencer

Kazmierczak v. Taylor Borough Dep't of Zoning, PICS Case No. 17-0181 (C.P. Lackawanna Jan. 31, 2017) Nealon, J. (7 pages).

By | February 17, 2017
Mandamus proceeding was not warranted where plaintiff had an alternative and adequate remedy for alleged zoning violation that was provided by statute. Defendants' preliminary objections were sustained and plaintiff's petition for mandamus was stricken.
4 minute read

The Legal Intelligencer

Gurecka v. Carroll, PICS Case No. 17-0209 (Pa. Super. Feb. 3, 2017) Bender, P.J. (16 pages).

By | February 17, 2017
Court properly granted an implied easement and permanently enjoined appellants from interfering with the repair and use of a sewer line that ran under their property and serviced appellee's property because the sewer was in existence before their predecessors-in-title bought the property. Affirmed.
5 minute read

The Legal Intelligencer

Established Evidentiary Standards for Special Exception Applications

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.
13 minute read

The Legal Intelligencer

In Re Condemnation by the Redevelopment Auth. of the City of York, PICS Case No. 17-0122 (C.P. York Jan. 9, 2017) Eby, J. (29 pages).

By | February 10, 2017
Redevelopment authority was not entitled to a new trial in its challenge to a jury verdict in a condemnation proceeding under eminent domain because the trial court did not err in restricting the jury's view to the exterior of the property due to safety concerns, an agreement between the authority and a property developer was evidence of a contract to sell the property and was relevant, authority's asbestos expert could not testify as to lead-based paint issues where the expert himself said he had no training on the issue and the court properly used the standard jury instructions. Motion denied.
6 minute read

The Legal Intelligencer

Sunlight of the Spirit House, Inc. v. Borough of N. Wales, PICS Case No. 17-0163 (E.D. Pa. Jan. 20, 2017) Goldberg, J. (11 pages).

By | February 10, 2017
Plaintiff pleaded sufficient facts to state a plausible case of intentional discrimination in a municipality's decision to deny an application to operate a recovery house for recovering substance abusers. Motion to dismiss denied.
6 minute read

New Jersey Law Journal

In The Matter of Application of Twp. of S. Brunswick

By | February 10, 2017
Refusal to Develop Fair Share Housing Plan in Good Faith Resulted in Loss of Immunity
6 minute read

Daily Business Review

Late-Night Motion Marks Crescendo in Discord Over Miami Beach Noise Ordinance

Residents of a high-end Miami Beach community filed a 1 a.m. motion to intervene in litigation on the city's behalf, reframing a business owner's constitutional challenge into a zoning matter.
6 minute read

Texas Lawyer

Expect No New Interstate Gas Pipelines with No Quorum of FERC Commission

Don't credit or blame all those protestors for the screeching halt that has come to the building of new interstate natural gas pipelines nationwide. Instead, pin responsibility for that likely scenario to the Trump's administration's failure to address a dearth of Washington bureaucrats.
7 minute read

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