We Listen.

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 …

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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, …

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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 …

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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 …

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Is a Defective Ordinance Always Ineffective?

Is a defective ordinance always ineffective? It all depends, according to a new decision of the Commonwealth Court. In Hawk v. the Eldred Township Board of Supervisors, —A.2d—(Pa. Commw. Ct. 2009), the Pennsylvania Commonwealth Court discussed Section 5571.1 of the Judicial Code as well as related changes to Section 1002-A (b) of the Municipalities Planning …

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Constitutional Right of Privacy v. Right-to-Know Law Round One – Privacy Rights Win

The Pennsylvania State Education Association and employees recently sought a preliminary injunction against the Pennsylvania Office of Open Records to prevent the disclosure of their home addresses pursuant to the Right-to-Know Law. In a recent Order and Opinion, the Pennsylvania Commonwealth Court has determined that public school employees’ privacy interest in their home addresses outweighs …

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Plan Opposition By Board of Supervisors Members

By: Amanda J. Sundquist In ,Crandell v. Pennsbury Township Board of Supervisors, et al. — A.2d — (Pa. Commw. Ct. 2009), the Commonwealth Court addressed public opposition to a plan by a Township Board of Supervisors member.  Fenton, a resident who ultimately became a board member, formed a group to oppose a developer’s plans.  …

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West Chester, PA
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P.O. BOX 515
West Chester, PA 19380
(610) 692-1371
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P.O. Box 289
Phoenixville, PA 19460
(610) 933-8069