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

Tag: preliminary injunction

Porter v. Chevron Appalachia, No. 16 WDA 2018 (2019 PA Super 31).

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 Chevron’s oil and gas rights.

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Municipality has Burden of Demonstrating Likelihood of Success for Preliminary Injunction in First Amendment Challenge of Ordinance

In this challenge of the constitutionality of an ordinance restricting protests and picketing within 20 feet of the entrance to a healthcare facility, the Third Circuit remanded the District Court for the Middle District of Pennsylvania’s denial of a preliminary injunction. The Third Circuit found that the District Court had improperly placed the burden of demonstrating likelihood of success on the plaintiffs, rather than the municipality, as is required in First Amendment cases.

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Municipalities Cannot Regulate Illegal Firearm Possession on Municipal Property

In this matter arising out of Montgomery County, the Commonwealth Court was presented with an appeal of a municipal ordinance that prohibited the carrying or discharging of firearms in municipal parks.  Finding the ordinance violated the Pennsylvania Uniform Firearms Act (the “UFA”), the court held that municipalities cannot regulate firearm possession in any manner, absent a grant of direct statutory authority from the General Assembly, regardless of whether such possession is legal or not.

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Order Granting Declaratory Relief Related to Uniform Planned Community Declaration Not Subject to Motion to Compel

In this dispute over the placement of air conditioning equipment, the Commonwealth Court was presented with an appeal from a trial court’s order to compel compliance with its earlier order declaring a property owner was subject to certain provisions of a uniform planned community declaration.  In reversing the order, the court held that because the earlier order had granted declaratory relief, it could not have directed any specific action by the property owner and thus the community association’s motion to compel was premature. Continue reading

Temporary Beer Garden Not Nuisance Per Se In Residential Zoning District

In this case out of Philadelphia, the Commonwealth Court was asked to weigh in on whether the Court of Common Pleas of Philadelphia County appropriately granted a preliminary injunction to allow the continued operation of a temporary beer garden in a residential zone while it applied for certain required zoning permits and certifications.  In affirming the court’s decision that a preliminary injunction was warranted, the court found that locating a beer garden in a residentially zoned area was not a per se public nuisance, and that the City had failed to prove the use constituted a nuisance or endangered the public health or safety.

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