Developers Paying Tapping Fees Should Be Aware of the Time Limit To Challenge Fee Calculations
By: Amanda J. Sundquist In Harleysville Homestead, Inc. v. Lower Salford Township Authority, 980 A.2d 749 (Pa. Commw. Ct. 2009), a residential developer applied to the authority to secure public sanitary sewer service for its development. The developer and the authority entered into an agreement for the construction of sewer lines, under which the …
Personal Use of Company Computers: Does Attorney-Client Privilege Still Apply?
Read our recent post about personal use of company-owned computers. For more information on your rights, please contact our office.
Is a Defective Ordinance Always Ineffective?
Is a defective ordinance always ineffective? It all depends, according to a new decision of the Commonwealth Court. In Hawk v. the Eldred Township Board of Supervisors, —A.2d—(Pa. Commw. Ct. 2009), the Pennsylvania Commonwealth Court discussed Section 5571.1 of the Judicial Code as well as related changes to Section 1002-A (b) of the Municipalities Planning …
Constitutional Right of Privacy v. Right-to-Know Law Round One – Privacy Rights Win
The Pennsylvania State Education Association and employees recently sought a preliminary injunction against the Pennsylvania Office of Open Records to prevent the disclosure of their home addresses pursuant to the Right-to-Know Law. In a recent Order and Opinion, the Pennsylvania Commonwealth Court has determined that public school employees’ privacy interest in their home addresses outweighs …
Plan Opposition By Board of Supervisors Members
By: Amanda J. Sundquist In ,Crandell v. Pennsbury Township Board of Supervisors, et al. — A.2d — (Pa. Commw. Ct. 2009), the Commonwealth Court addressed public opposition to a plan by a Township Board of Supervisors member. Fenton, a resident who ultimately became a board member, formed a group to oppose a developer’s plans. …
Are you a party to a land use appeal? Who can appeal your approval?
By: Amanda Sundquist Chester County and other local residents often wonder if they can appeal a decision by their Zoning Hearing Board (“ZHB”). In a recent case, a landowner applied to the ZHB for variances. At the hearing, the ZHB granted a resident party status. The resident tried to appeal the ZHB’s decision. The …
Pennsylvania Supreme Court Agrees to Hear Appeal of In Re: Erie Golf Course Case
By: Amanda Sundquist In my recent blog entry, Dedicated or Donated Property, the Commonwealth Court’s decision in In Re: Erie Golf Course was discussed. The Lake Erie Region Conservancy, Inc. and the Committee to Keep Erie Golf Course Open filed a petition with the Supreme Court of Pennsylvania for allowance of appeal from the …
Challenging Economic Times? – Still the Perfect Time To Be Creative With and Enjoy Your Home
Americans are learning to do more with less. This includes the American homeowner. Transitioning into a larger home or taking an extravagant vacation may not be the wisest decisions during these challenging economic times. Homeowners might consider creative opportunities to utilize their home to its fullest potential while also increasing the value of their homes. …
Decision Issued on Entities Permitted to Conduct Plan Reviews and Inspections in Municipalities
By: Amanda J. Sundquist The Pennsylvania Supreme Court has ruled on whether municipalities that opt to enforce the Pennsylvania Construction Code Act (“Act”) may designate one entity to administer, enforce, and conduct all plan review and inspections mandated by the Act to exclusion of other code officials. Under the Act, municipalities were required to …
Should you get a survey before you buy that property?
Please click here to view our latest blog about the importance of obtaining a survey before you buy property. For additional information, you can also read an article about property surveys on our site here. Contact Bill Burke for more information.