Municipal Law

Legal Bytes

Lis pendens is not available when complaint is for money damages under Stock Purchase Agreement.

Standing of Zoning Objector Properly Raised for First Time in Philadelphia Common Pleas Court

A developer’s first opportunity to challenge the standing of an objector before Philadelphia’s zoning board was in the objector’s appeal to the trial court, not at the board hearing, the Pennsylvania Supreme Court ruled in Scott v. City of Phila., Zoning Bd. of Adjustment

By | December 2nd, 2015|Categories: Municipal Law, Real Property|Tags: , , , , , , , , , , , , |Comments Off on Standing of Zoning Objector Properly Raised for First Time in Philadelphia Common Pleas Court

Supreme Court Orders Partial Reconsideration of Harley-Davidson Property Tax Assessment

Valuation of Harley-Davidson’s property in York County must account for environmental contamination of the property, the Pennsylvania Supreme Court ruled in remanding a tax assessment appeal in Harley-Davidson Motor Co. v. Springettsbury Twp..

By | October 15th, 2015|Categories: Municipal Law, Real Property|Tags: , , , , , , , , , , |Comments Off on Supreme Court Orders Partial Reconsideration of Harley-Davidson Property Tax Assessment

SEPTA not Subject to Local Anti-Discrimination Ordinances

The Southeastern Pennsylvania Transportation Authority (SEPTA) is not subject to local anti-discrimination ordinances such as the Philadelphia Fair Practices Ordinance, an en banc Commonwealth Court panel ruled in SEPTA v. City of Philadelphia

City Council’s Failure to Enact Legislation Cannot Support De Facto Taking Claim

A developer could not claim it was deprived of the use and enjoyment of its land after Philadelphia City Council failed to enact legislation necessary for its development plans, an en banc Pennsylvania Commonwealth Court panel decided in Parker Ave., L.P. v. City of Philadelphia

By | August 19th, 2015|Categories: Municipal Law, Real Property|Tags: , , , , , |Comments Off on City Council’s Failure to Enact Legislation Cannot Support De Facto Taking Claim

Supreme Court Rules in Dispute over Timing of Second- to First-Class Township Referendum Questions

Second- to first-class township referendum questions must be submitted to voters at the first general or municipal election occurring at least 90 days after fulfilling both a population density and a petition signature filing requirement in the First Class Township Code, the Pennsylvania Supreme Court held in In Re: Petition to Submit Ballot Question to Concord Township Voters

By | August 13th, 2015|Categories: Municipal Law|Tags: , , , , , , , |Comments Off on Supreme Court Rules in Dispute over Timing of Second- to First-Class Township Referendum Questions

Philadelphia not Required to Immediately Fill Fire Captain and Lieutenant Vacancies

Neither its home rule charter nor civil service regulations required the City of Philadelphia to immediately fill vacancies in fire captain and fire lieutenant positions, the Pennsylvania Supreme Court held in Philadelphia Firefighters’ Union, Local 22 v. City of Philadelphia.

By | August 12th, 2015|Categories: Employment Law, Labor Law, Municipal Law|Tags: , , , , , , , , , , |Comments Off on Philadelphia not Required to Immediately Fill Fire Captain and Lieutenant Vacancies

Contractor and Subcontractor Payment Act Not Applicable to Government Construction Projects

Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA), 73 P.S. §§501-516, does not apply to a construction project where the owner is a governmental entity, the Pennsylvania Supreme Court decided in Clipper Pipe & Service, Inc. v. Ohio Cas. Ins. Co.

By | June 30th, 2015|Categories: Government Law, Municipal Law|Tags: , , , , , , , |Comments Off on Contractor and Subcontractor Payment Act Not Applicable to Government Construction Projects

Law Expanding Challenges to Municipal Firearm Legislation Declared Unconstitutional

Act 192 of 2014, which allows a broad class of individuals and organizations to challenge municipal firearm legislation and recover their attorney fees, is unconstitutional and void, an en banc panel of the Commonwealth Court has ruled in Leach v. Turzai, __ A.3d __ (No. 585 MD 2014, filed June 25, 2015).

By | June 25th, 2015|Categories: Constitutional Law, Municipal Law|Tags: , , , , , , , , |Comments Off on Law Expanding Challenges to Municipal Firearm Legislation Declared Unconstitutional

Injured Bus Passenger Barred from Suing SEPTA under “Jerk and Jolt” Doctrine

A SEPTA bus passenger who was injured after being thrown from her seat could not sue SEPTA for damages because the bus’s movement was not unusual or extraordinary, the Commonwealth Court ruled in Bost-Pearson v. SEPTA.