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Author Archives: Matt Korenoski

PA Housing Shortage Spurs Proposed Legislative Zoning Amendment

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Pennsylvania municipalities typically possess wide discretion to zone locally for certain types of housing in their zoning districts. However, that may change due a recent bill introduced in the General Assembly that proposes to restrict municipalities’ abilities to regulate multi-family housing in particular. Advocacy groups say that in recent years, Pennsylvania, along with the rest …

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Pennsylvania Zoning Trends for Electric Vehicle Charging Stations

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  Electric vehicles (“EVs”) have garnered significant attention on economic, environmental, and political fronts in recent years. Globally, many countries have committed to transitioning from gasoline-powered vehicles to EVs. In the United States in particular, substantial investments in both the public and private sectors have facilitated this shift, with national sales increasing by …

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U.S. Department of Education Issues New Guidance on Prayer in Schools

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On May 15, 2023, the United States Department of Education (“DOE”), released its updated guidance on prayer in schools, which at least partially addressed some questions raised by the United States Supreme Court’s recent decision in Kennedy v. Bremerton School District, No. 21-418, — U.S. – (2022). In the June 27, 2022 Kennedy decision, …

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Municipalities Beware: Court Holds that PennDOT’s Eminent Domain Power Preempts Local Subdivision Requirements

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Pennsylvania municipalities are charged with overseeing and regulating the local subdivision and land development process. To do so, the governing bodies of municipalities enact subdivision and land development ordinances (“SALDOs”) laying out the requirements that applicants must satisfy to gain municipal approval. However, the Pennsylvania Commonwealth Court recently clarified in PSIP JVI Krumsville Rd., …

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Zoning vs. Land Development: An Important Limitation of the Pending Ordinance Doctrine

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Zoning and land development are two related, but separate, concepts. The Pennsylvania Commonwealth Court recently highlighted this difference in the context of a land development application in the case of In Re: Appeal of Jaindl Land Company and RCSVP-Chambersburg, LLC.1 The decision focused chiefly on whether the “pending ordinance doctrine,” as it is called, applied …

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They Can Sue Me Where? Pennsylvania’s Business Registration Requirement Faces the U.S. Supreme Court

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In some states, the mere act of registering to do business there may subject your business entity to a lawsuit, via a legal term called “personal jurisdiction.” One of those states is Pennsylvania, which prohibits corporations from doing business there until they register with the Pennsylvania Department of State.1 By statute, the Commonwealth further outlines …

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U.S. Supreme Court Holds that Censure of an Elected Official Does Not Violate the First Amendment

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Public discussion among elected members of a local government body provides fertile ground for the creation and circulation of new ideas, evaluation of public concerns, and, more often than not, vigorous debate. Disputes between members may involve inappropriate behaviors that invite a public reprimand or censure from the body against the member. Such actions …

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