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

Tag: third circuit court of appeals

Repeal of Community Bill of Rights Ordinance Rendered Third Party Intervention to Defend Moot

In this case out of Elk County, the Third Circuit was presented with an appeal from the District Court for the Western District of Pennsylvania, challenging the District Court’s decision to deny an effort by third parties to intervene in defense of an ordinance that had already been repealed by the local municipality.  In affirming the District Court’s order, the Court found the matter was made moot by the repeal of the ordinance, and no abuse of discretion had occurred in denying intervention.

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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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