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

Tag: J. Cosgrove

Transient Lodging Enterprise Permitted under Single Family Residential Dwelling Use

In this appeal out of Monroe County, the Commonwealth Court was asked to determine whether the ZHB and Court of Common Pleas of Monroe County properly interpreted the Township’s Zoning Ordinance as excluding transient lodging enterprises in districts where only a single-family dwelling use was permitted.  In reversing the trial court’s affirmation of the ZHB’s decision, the Court found that such a use, pursuant to the definitions in the Ordinance, was permitted.

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Burden of Accurately Identifying Ownership Interests of Property Being Condemned Falls on Condemnor

The misidentification of property being condemned by PennDOT for road construction meant that condemnees could challenge the adequacy of PennDOT’s Declaration of Taking after the expiration of the 30-day time limit for filing preliminary objections imposed by the Eminent Domain Code.  In concluding that PennDOT had not provided adequate notice to the property owners, the Commonwealth Court ruled that the burden of accurately identifying the property rested with the condemnor and not the condemnee.

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Balancing Test Necessary Before Release of Home Addresses from RTKL Request

In this appeal of a final determination of the Office of Open Records (“OOR”), the Commonwealth Court remanded a determination granting access to the home addresses of certain members of the State Employees’ Retirement System (“SERS”).  The Court held that its decision in Pennsylvania State Education Association v. Office of Open Records, 148 A.3d 142 (Pa. 2016) (“PSEA III”) was controlling, and, as PSEA III had been issued after OOR had rendered its final determination, the matter should be remanded to allow OOR to reevaluate whether dissemination was warranted.

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