October 10, 2024 | The Legal Intelligencer
Zoning Enforcement Pitfalls and How to Avoid ThemCrossing and dotting the proverbial "t's" and "i's" at each step of the process will help to ensure the effective administration of a zoning ordinance.
By Robert Max Junker and Morgan M. Madden
8 minute read
August 20, 2024 | The Legal Intelligencer
Right-to-Know Law Policy Update in Wake of Anonymous FOIA Buddy Record RequestsThe Pennsylvania Office of Open Records (OOR) released a memo confirming that FOIA Buddy is operated by people who have a stated goal of efficiently promoting government transparency and accountability in a cost-effective manner for all involved and that the OOR found no indication that FOIA Buddy is part of a phishing, scraping or scamming activity.
By Robert Max Junker and Anna R. Hosack
9 minute read
June 20, 2024 | The Legal Intelligencer
The Devil Is in the Details (and the Deemed Approval Deadlines)To avoid luxurious lolling by local governments, the Legislature included mandatory deadlines in the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq. (MPC), which governs municipal regulation of zoning, subdivision and land development within the commonwealth. The MPC sets forth strict requirements for when and how municipalities make decisions on land use applications, in addition to how they communicate those decisions to the applicant.
By Robert Max Junker and Anna S. Jewart
8 minute read
October 20, 2022 | The Legal Intelligencer
Commonwealth Court Finds Proposed Sale of Unused Park Land Violates the DDPARecently, 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.
By Robert Max Junker and Anna Skipper Jewart
8 minute read
June 23, 2022 | The Legal Intelligencer
Commonwealth Court Makes a Use Variance a Little Less ScaryAnother 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.
By Robert Max Junker
8 minute read