In this appeal from Allegheny County, the Commonwealth Court reaffirmed the principal that under Pennsylvania law, municipalities may not require a party to obtain permits from outside agencies before granting zoning relief. The Court held that in such a scenario, the appropriate procedure is to condition approval of the zoning relief upon the applicant receiving such permits, as opposed to denying the application outright.
Continue readingPennsylvania Real Estate, Land Use, Zoning, and Municipal Lawyers
This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania
In this appeal from Chester County, the Superior Court re-affirmed the principal that in a real estate context, a seller’s demand for specific performance is, in effect, an action for the purchase price of the property.
Continue readingIn this appeal from Dauphin County, the Commonwealth Court discussed the rights of a condominium association to recoup unpaid common expense assessments following a judicial sale of a condominium, and whether a payment made “under protest” is sufficient to maintain a cause of action for the return of such funds.
Continue readingIn this appeal, the Commonwealth Court found that an informal citizens group who failed to appear before the City of Philadelphia’s Zoning Board of Adjustment lacked standing to appeal the Board’s decision because the group was not an “aggrieved person” with representational standing.
Continue readingIn this appeal from Centre County, the Commonwealth Court discussed the interplay between a condominium association’s declaration and its bylaws when there is a conflict between the two.
Continue readingIn this appeal from Fayette County, the Superior Court upheld the trial court’s grant of a preliminary injunction in favor of Chevron Appalachia, which prevented James and Mary Porter from denying Chevron access to land owned by the Porters, and development of Chevron’s oil and gas rights.
Continue readingIn this appeal involving an application by T Mobile to install a cellular antenna in the City of Wilmington, Delaware, the Third Circuit held that T Mobile’s untimely supplemental complaint cured its’ initial unripe complaint.
Continue readingIn this land use appeal from Chester County, the Commonwealth Court (“Court”) upheld the denial of an Objector’s appeal from a decision of the East Nantmeal Township Board of Supervisors, which approved an amendment to a subdivision.
Continue readingWhat is the definition of a “building lot?” That question is the subject of this appeal from Lackawanna County.
Continue readingIn this appeal from Allegheny County, the Commonwealth Court found no error in a decision made by the City of Pittsburgh’s Historic Review Commission, which issued a certificate of appropriateness for a proposal to construct a new home in a historic district called “Lemmon Row.”
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