Pennsylvania Real Estate, Land Use, Zoning, and Municipal Lawyers

This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

In Re: Appeal of Penneco Envtl. Sols., LLC from the decision of the Zoning Hearing Bd. of the Borough of Plum, No. 931 C.D. 2018 (Pa. Commw. Ct., March 8, 2019).

In this appeal from Allegheny County, the Commonwealth Court reaffirmed the principal that under Pennsylvania law, municipalities may not require a party to obtain permits from outside agencies before providing zoning approval. The Court held that in such a scenario, the appropriate procedure is to condition the zoning approval upon the applicant receiving such permits, as opposed to denying the application outright.

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Maisano v. Avery, No. 3877 EDA 2016 (Pa. Super., February 15, 2019).

In this appeal from Chester County, the Superior Court re-affirmed the principal that in a real estate context, a seller’s demand for specific performance is, in effect, an action for the purchase price of the property.

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Dobson Park Management, LLC v. Property Management, Inc., No. 570 C.D. 2018 (Commonw. Ct., February 13, 2019).

In this appeal from Dauphin County, the Commonwealth Court discussed the rights of a condominium association to recoup unpaid common expense assessments following a judicial sale of a condominium, and whether a payment made “under protest” is sufficient to maintain a cause of action for the return of such funds.

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The Faithful Laurentians v. City of Phila., Zoning Bd. of Adjustment, No. 1440 C.D. 2017 (Pa. Commw., February 12, 2019). Opinion Not Reported. Memorandum Opinion.

In this appeal, the Commonwealth Court found that an informal citizens group who failed to appear before the City of Philadelphia’s Zoning Board of Adjustment lacked standing to appeal the Board’s decision because the group was not an “aggrieved person” with representational standing.

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Assalita v. Midtown Square Condo. Assoc., No. 108 C.D. 2018 (Pa. Commw. Ct., February 12, 2019).

In this appeal from Centre County, the Superior Court discussed the interplay between a condominium association’s declaration and its bylaws when there is a conflict between the two.

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Porter v. Chevron Appalachia, No. 16 WDA 2018 (Pa. Super., February 8, 2019).

In this appeal from Fayette County, the Superior Court upheld the trial court’s grant of a preliminary injunction in favor of Chevron Appalachia, which prevented James and Mary Porter from denying Chevron access to land owned by the Porters, and development of its oil and gas rights.

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T Mobile Northeast LLC v. City of Wilmington, No. 18-1831 (3rd Cir. January 10, 2019).

In this appeal involving an application by T-Mobile to install a cellular antenna in the City of Wilmington, Delaware, the Third Circuit held that T-Mobile’s untimely supplemental complaint cured its’ initial unripe complaint.

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Krug v. Bd. Of Supervisors of E. Nantmeal Twp., No. 637 C.D. 2018 (Pa. Commw. Ct. January 8, 2019).

 In this land use appeal from Chester County, the Commonwealth Court upheld the denial of an Objector’s appeal from a decision of the East Nantmeal Township Board of Supervisors, which approved an amendment to a subdivision.

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Vasky v. Zoning Hearing Bd. Of Newtown Twp., No. 560 C.D. 2018 (Pa. Commw. Ct., January 8, 2019).

What is the definition of a “building lot?” That question is the subject of this appeal from Lackawanna County.

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Meyer v. City of Pittsburgh Historic Review Comm., No. 303 C.D. 2018 (Pa. Commw. Ct. January 7, 2019).

In this appeal from Allegheny County, the Commonwealth Court found no error in a decision made by the City of Pittsburgh’s Historic Review Commission, which issued a certificate of appropriateness for a proposal to construct a new home in a historic district called “Lemmon Row.”

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