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

Tag: Pennsylvania Department of Environmental Protection

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 granting zoning relief. The Court held that in such a scenario, the appropriate procedure is to condition approval of the zoning relief upon the applicant receiving such permits, as opposed to denying the application outright.

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Commonwealth Court Weighs Evidence and Finds That DEP Did Not Possess Requested Records


This Right-to-Know Law (RTKL) dispute forced the Commonwealth Court to weigh the evidence presented by the Pennsylvania Department of Environmental Protection (DEP) that it did not possess specific records.  In doing so, the court affirmed the Office of Open Records final determination that DEP did not have the records requested by Smith Butz, LLC.

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