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

Tag: Fourteenth Amendment

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.

Continue reading