Obligations under the Equal Access Act
By: Amanda Sundquist Following up on its recent guidance on bullying and harassment, on June 14, 2011 the Office for Civil Rights (“OCR”) issued a “Dear Colleagues” letter regarding the impact of the Equal Access Act (the “Act”) on gay-straight alliances (GSA) and similar student-initiated groups addressing LGBT issues. OCR reminds …
The Marcellus Shale Debate: Local Zoning or State Control?
By: Andrew D.H. Rau If momentum forms behind a bill introduced in Harrisburg, the traditional understandings of local zoning control in Pennsylvania could be in for a major adjustment. The legislation sponsored by Senator Joseph Scarnati would provide for impact fees to be paid by Marcellus Shale drillers across the state. But a component …
Marcellus Shale & Local Zoning
By: Andrew D.H. Rau The oil and gas industry’s race to develop the Marcellus Shale across Pennsylvania has brought to the forefront the tension between large-scale development interests and local government. Pennsylvania boroughs, townships and cities are grappling with the limits of local zoning power as they consider the means of regulating and controlling …
Possible New Horizons for Deteriorated Properties – Tougher Enforcement on Neighborhood Blight coupled with Tax Relief might work to benefit Communities throughout Pennsylvania
The Neighborhood Blight Reclamation and Revitalization Act (the “Act”) empowers municipalities to take legal action against owners of deteriorating properties and deny municipal permits in certain circumstances. Municipalities across Pennsylvania are drafting ordinances, and in many cases, are ready to adopt ordinances in order to implement the provisions of the Act in their respective …
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 …