In this appeal, the Third Circuit Court of Appeals ruled that the City of Clairton’s zoning ordinance, which banned “treatment centers” for recovering drug and alcohol addicts from being located in residential areas, did not discriminate against recovering drug addicts in violation of the Fair Housing Amendments Act.
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
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In this appeal originating from Upper Makefield Township (the “Township”) in Bucks County, PA, the Third Circuit Court of Appeals rejected Appellant Dale Thorpe’s contention that the Township discriminated against him in various land use and zoning disputes based on his Native American race.
Continue readingIn this appeal from Philadelphia County, the Commonwealth Court determined that the Court of Common Pleas of Philadelphia County correctly quashed an appeal from the issuance of a permit by the Philadelphia Department of Licenses and Inspections (“L&I”), where the applicant abandoned the permit.
Continue readingIn this appeal from a Bucks County jury verdict in favor of Esther James and against the County of Bucks, the Commonwealth Court discusses the extent of a land owner’s liability under the Recreational Use of Land and Water Act (“RULWA”).
Continue readingIn this appeal from a determination of the Office of Open Records (“OOR”) pursuant to a request under the Right-to-Know Law (the “RTKL”), the Commonwealth Court rejected the claim of requester, Alton Brown, who alleged that the Department of Health (“DOH”) did not disclose a complete record, and charged him unreasonable fees for the request.
Continue readingIn this appeal from Erie County, the Commonwealth Court discusses the authority of a township’s Board of Auditors to set the compensation for township employees who concurrently serve as members of the Township Board of Supervisors.
Continue readingIn this land use appeal from Montgomery County, the Commonwealth Court re-affirmed the requirement that an applicant seeking a dimensional variance from a provision of a local zoning ordinance prove that the subject property is burdened by an unnecessary hardship to justify the requested relief.
Continue readingIn this land use appeal from Cumberland County, the Commonwealth Court refused to strike down a Township’s adoption of two zoning ordinances, which rezoned a property from residential to industrial, on procedural grounds relating to notice and public comment.
Continue readingIn this appeal from a decision of the Court of Common Pleas of Chester County, the Commonwealth Court held that a property owner subject to an enforcement notice under the International Property Maintenance Code of 2009 (the “Code”), can be deemed to have been placed on notice of alleged Code violations, even if the enforcement notice was facially defective, without running afoul of the property owner’s due process rights.
Continue readingThe owner of an existing 18-hole golf course appealed the denial by the zoning officer of his request to add a bowling alley to the property as an accessory use, or alternatively requested a variance.
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