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Government

Fair Housing Update: New Federal Guidance, and New Questions

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By: Andrew D.H. Rau Zoning and land use practitioners have long looked to federal guidance interpreting the Fair Housing Act (FHA) in order to consider its interplay with state and local land use and zoning laws. Now, the U.S. Justice Department and the Department of Housing and Urban Development …

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DEP Employees Found Unprotected by Sovereign Immunity

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By: Amanda Sundquist In an unusual verdict, a jury for the United States District Court for the Eastern District of Pennsylvania, in MFS, Inc. v Dilazaro, has found four Pennsylvania Department of Environmental Protection employees individually liable for $6.5 million dollars in damages. Typically, government workers are protected by the doctrine of …

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Doing Business with Local Governments in Pennsylvania

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Selling to and purchasing for local governments in Pennsylvania poses unique challenges because local government in Pennsylvania is very local. The Brookings Institution has calculated that Pennsylvania has 2,566 municipalities: 56 cities; 962 boroughs; 91 first class townships, and; 1,457 second class townships. This does not include Pennsylvania’s 501 school districts, …

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First Anniversary of the New Right-to-Know Law

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By: Amanda J. Sundquist January 2010 marks the first anniversary of the implementation of the new Pennsylvania Right-to-Know Law. The past year has been a year of firsts for local agencies, requesters, and the Office of Open Records as the law has been implemented and interpreted. Sixty-five determinations by the Office of Open Records …

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Cell Towers: Municipalities Now on the Clock

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By: Andrew D.H. Rau How fast does a local government have to move in processing a cell tower application? A new federal regulatory order attempts to speed the process. On November 19, 2009 the Federal Communications Commission issued an order that will impact municipalities and cell tower providers across the country. Known as the …

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Is a Defective Ordinance Always Ineffective?

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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 …

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Constitutional Right of Privacy v. Right-to-Know Law Round One – Privacy Rights Win

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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 …

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