The Legal Intelligencer | Commentary
By Robert Max Junker and Anna Skipper Jewart | October 20, 2022
Recently, in the case of In re Township of Jackson, 280 A.3d 1074 (Pa. Cmwlth, 2022), the Pennsylvania Commonwealth Court revisited several seminal cases interpreting the DDPA to consider whether the orphan's court had properly denied the petition of Jackson Township, Lebanon County, to sell a parcel donated to the township for use as a public park.
The Legal Intelligencer | News
By Aleeza Furman | October 13, 2022
The verdict matched the exact value the plaintiff presented the jury, and the full award is set to amount to around $7.5 million with statutory interest tacked on, according to David Snyder, a partner at Fox Rothschild who represented the plaintiffs.
The Legal Intelligencer | Commentary
By Blaine A. Lucas and Anna S. Jewart | August 25, 2022
While property rights are often viewed as inherently private, both law and society recognize that there is also a public nature to the use of land. To this end, the Pennsylvania Municipalities Planning Code (MPC) establishes requirements mandating public notice of and allowing for public participation in the land use decision-making process.
The Legal Intelligencer | Commentary
By Robert Max Junker | June 23, 2022
Another option for a more targeted development where the local government will have assurances that it will get what was promised is a use variance. Although not as common as the ubiquitous dimensional variance that seek to alter building setbacks or heights beyond what is allowed in the zoning ordinance, a use variance in the right circumstances can be a viable path for both the local government and the developer.
The Legal Intelligencer | Commentary
By Blaine A. Lucas and Anna S. Jewart | April 21, 2022
Extensive case law following Robinson II makes it clear that where oil and gas development occurs is squarely within the purview of local zoning authority, while how it occurs is a state regulatory matter.
By ALM Staff | February 18, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
The Legal Intelligencer | Commentary
By Blaine A. Lucas and Anna S. Jewart | February 10, 2022
The Pennsylvania Commonwealth Court considered whether a zoning hearing board properly handled competing expert testimony over what metrics to use in calculating maximum noise levels.
The Legal Intelligencer | Commentary
By Blaine A. Lucas and Anna S. Jewart | December 23, 2021
Under the Eminent Domain Code, a property owner asserting that a de facto taking of property has occurred is authorized to bring an "inverse condemnation" action against the condemnor in order to receive adequate compensation for the loss.
The Legal Intelligencer | Commentary
By Anna S. Jewart | October 21, 2021
The requirements of a municipal zoning ordinance are strictly applied, and landowners must comply with the express use and dimensional limitations applicable in the zoning districts in which their properties are located.
The Legal Intelligencer | Commentary
By Krista M. Staley and Anna S. Jewart | August 19, 2021
While the use of the right-of-way, and the existing infrastructure therein, is a convenient solution for wireless providers, the rapid development of these technologies has forced municipalities across the country to scramble to determine how to handle permits for the installation of small cell facilities within their communities.
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