Neighborhood Blight Reclamation and Revitalization Act – Act 90 of 2010 – New Law Expands Enforcement Powers for Pennsylvania Municipalities
The Neighborhood Blight Reclamation and Revitalization Act (the “Act”) - signed into law on October 27, 2010, effective on April 25, 2011 - empowers municipalities to take legal action against owners of deteriorating properties and deny municipal permits in certain circumstances.
New Permit Extension Law Impacts Developers and Municipalities
By: Andrew D.H. Rau This week’s budget approvals in Harrisburg included legislation that will have an effect on landowners, as well as state and local government entities across Pennsylvania. Senate Bill 1042, signed into law as Act 46, will extend the life of many land development and related approvals, if the approvals are in …
United States Supreme Court Declines to Discuss the Expectation of Privacy in Employees’ Digital and Electronic Communications
By: Amanda Sundquist The United States Supreme Court has issued a decision in City of Ontario v. Quon, which was discussed in my May 13, 2010 blog entry. At issue in the case was whether a member of the police SWAT team had a reasonable expectation of privacy in text messages transmitted …
Can An Employer Review An Employee’s Digital and Electronic Communications?
By: Amanda Sundquist The United States Supreme Court heard oral argument in City of Ontario v. Quon, regarding whether a member of the police SWAT team had a reasonable expectation of privacy in text messages transmitted on a SWAT pager. The Court’s decision in this case may have wide spread impact on …
Are Charter Schools Subject To Real Estate Taxes?
In an opinion and order dated March 16, 2010, the Commonwealth Court concluded that a property leased by a Pennsylvania charter school was not eligible for an exemption from the payment of real estate taxes. In the case of In Re: Appeal of Collegium Foundation and Collegium Charter School, the court concluded that …
Municipalities and Developers: Take A Closer Look At Settlement Agreements
The Pennsylvania Commonwealth Court’s recent decision in BPG Real Estate Investors v. Newtown Township may cause developers and townships to more carefully consider whether settlement agreements are reaching too far. The ultimate result may be courts refusing to approve such settlements. In the BPG decision, the Commonwealth Court determined that a settlement agreement between …
Township Pursues Chapter 9 Bankruptcy
By: Amanda Sundquist Westfall Township is believed to be the first Pennsylvania municipality to file for Chapter 9 bankruptcy protection. The Township sought Chapter 9 protection to force negotiations on a $20 million federal judgment entered in favor of a developer. Chapter 9 was used to reduce the award to $6 million, which …
The Rise of Wind Power – Changing Landscapes in Pennsylvania
The use of windmills as an energy source is on the rise and rapidly growing in Pennsylvania, even in residential neighborhoods. While windmill farms can be an interesting and peaceful sight from afar, the construction of a windmill in a backyard in a residential neighborhood may not be as welcoming. In the case Tink-Wing Mountain …
Public Park and Field Users Beware: Commonwealth Court Affirms Governmental Immunity
By: Andrew D.H. Rau In a recent case involving a broken ankle suffered during a flag football game in Philadelphia’s Fairmount Park, the Commonwealth Court has broadly construed governmental immunity from certain lawsuits. In Davis v. City of Philadelphia, the Court found that the Recreational Use of Land and Water Act (RULWA) protected the …
DEP Employees Found Unprotected by Sovereign Immunity
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 …