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

Tag: J. Pellegrini

Zoning Appeal to Federal Court Could not be Transferred to State Court After Dismissal on the Merits

In this complaint, the Commonwealth Court was presented with a request to transfer a previously dismissed zoning appeal from federal court back to state court. In finding that transfer was not permitted, the Court ruled that transfer was only permitted when matters were dismissed for lack of jurisdiction and both federal courts had dismissed based on the merits.

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Failure to Issue Written Decision Means 30-Day Appeal Period Never Began to Run on Development Approval

This matter, arising out of Allegheny County, dealt with whether a written decision must be issued for the appeal period of a land development decision to begin to run.  In reversing the Court of Common Pleas of Allegheny County’s decision, the Commonwealth Court determined that until a written decision is issued by the adjudicatory body, there is no order to appeal and thus the appeal period cannot begin to run.

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Unsuccessful Infrastructure Improvement Proposals Not Disclosable Under RTKL

In this appeal from a final determination of the Office of Open Records (“OOR”), the Commonwealth Court weighed in on whether certain unsuccessful bids for public infrastructure projects were subject to disclosure under the Right-to-Know Law (“RTKL”).  Specifically, the issue presented was whether a statute that ordered the public release of successful bidders, but was silent as to unsuccessful bidders, should be read to exclude unsuccessful bidders from disclosure, or whether the silence meant that the general requirements of the RTKL applied and disclosure was required.  In finding unsuccessful proposals were not public records, the Court differentiated standalone statutes and open ended versus closed ended statutes when applying the disclosure requirements of the RTKL.

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