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 …
Doing Business with Local Governments in Pennsylvania
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, …
Free Speech Decisions
By: Amanda J. Sundquist The United States Court of Appeals for the Third Circuit has issued new, and competing student free speech decisions. The cases names are becoming familiar to school districts across the region: Layshock v. Hermitage School District and J.S. v. Blue Mountain School District. Both cases address the …
New Earned Income Tax Consolidation Resources
By: Amanda J. Sundquist The Department of Community and Economic Development has released its report “Earned Income Tax Consolidation Best Practices Report.” This resource may be helpful to school districts and municipalities which are navigating through the consolidation of the earned income tax collection system. For assistance utilizing information in the Report or …
First Anniversary of the New Right-to-Know Law
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 …
Are Public Parks Permanent? Courts and Local Governments Grapple with Issues
Despite attempts by the City of Philadelphia and Fox Chase Cancer Center to make alternate use of a portion of Fairmont Park, their efforts have failed to date based upon a recent decision reached by the Pennsylvania Commonwealth Court. In In Re Estate of Ryerss, -A.2d – (Pa. Commw. Ct. 2009), the City of Philadelphia …
Cell Towers: Municipalities Now on the Clock
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 …
Developers Paying Tapping Fees Should Be Aware of the Time Limit To Challenge Fee Calculations
By: Amanda J. Sundquist In Harleysville Homestead, Inc. v. Lower Salford Township Authority, 980 A.2d 749 (Pa. Commw. Ct. 2009), a residential developer applied to the authority to secure public sanitary sewer service for its development. The developer and the authority entered into an agreement for the construction of sewer lines, under which the …