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
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Maisano v. Avery, No. 3877 EDA 2016 (Pa. Super., February 15, 2019).
In this appeal from Chester County, the Superior Court re-affirmed the principal that in a real estate context, a seller’s demand for specific performance is, in effect, an action for the purchase price of the property.
Appellee Marsha Avery (“Avery”) owned twenty-one acres of land located near the home of Appellants Daniel and Patricia Maisano…
Dobson Park Management, LLC v. Property Management, Inc., et. al., 203 A. 3d 1134 (Commonw. Ct., February 13, 2019).
In this appeal from Dauphin County, the Commonwealth Court discussed the rights of a condominium association to recoup unpaid common expense assessments following a judicial sale of a condominium, and whether a payment made “under protest” is sufficient to maintain a cause of action for the return of such funds.
In 2016, Appellee Dobson Park…
The Faithful Laurentians v. City of Phila., Zoning Bd. of Adjustment, No. 1440 C.D. 2017 (Pa. Commw., February 12, 2019). UNREPORTED OPINION. Memorandum Opinion.
In this appeal, the Commonwealth Court found that an informal citizens group who failed to appear before the City of Philadelphia’s Zoning Board of Adjustment lacked standing to appeal the Board’s decision because the group was not an “aggrieved person” with representational standing.
Appellant “The Faithful Laurentians, by their Trustees Ad Litem, Carolyn Devine and…
Assalita v. Midtown Square Condo. Assoc., No. 108 C.D. 2018 (Pa. Commw. Ct., February 12, 2019).
In this appeal from Centre County, the Commonwealth Court discussed the interplay between a condominium association’s declaration and its bylaws when there is a conflict between the two.
Appellant Pamela Assalita (“Appellant”) owns a unit in a condominium known as Midtown Square. A common waterline servicing Appellant’s unit enters Midtown Square’s basement, then divides into…
Porter v. Chevron Appalachia, No. 16 WDA 2018 (2019 PA Super 31).
In this appeal from Fayette County, the Superior Court upheld the trial court’s grant of a preliminary injunction in favor of Chevron Appalachia, which prevented James and Mary Porter from denying Chevron access to land owned by the Porters, and development of Chevron’s oil and gas rights.
Appellants James and Mary Porter (“the Porters”) own…
T Mobile Northeast LLC v. City of Wilmington, No. 18-1831 (3rd Cir. January 10, 2019).
In this appeal involving an application by T Mobile to install a cellular antenna in the City of Wilmington, Delaware, the Third Circuit held that T Mobile’s untimely supplemental complaint cured its’ initial unripe complaint.
Appellant T Mobile applied to the Zoning Board of Adjustment of the City of Wilmington, Delaware (the “ZBA”), for permission…
Krug v. Bd. Of Supervisors of E. Nantmeal Twp., et. al., No. 637 C.D. 2018 (Pa. Commw. Ct. January 8, 2019) UNREPORTED.
In this land use appeal from Chester County, the Commonwealth Court (“Court”) upheld the denial of an Objector’s appeal from a decision of the East Nantmeal Township Board of Supervisors, which approved an amendment to a subdivision.
Appellees Brandt Rempe and Emily Landis (“Developer”) own a property in East Nantmeal Township (the “Township”) in Chester…
Vasky v. Zoning Hearing Bd. Of Newton Twp., No. 560 C.D. 2018 (Pa. Commw. Ct., January 8, 2019) UNREPORTED.
What is the definition of a “building lot?” That question is the subject of this appeal from Lackawanna County.
Robert and Ann Cosner (the “Applicants”) own a 25.6-acre property in Newton Township in Lackawanna County, PA. In 1989, the Applicants entered into a 99-year lease agreement with the Commonwealth Telephone Company, now known as Frontier…
Meyer, et. al. v. City of Pittsburgh Historic Review Comm., 201 A.3d 929 (Pa. Commw. Ct. January 7, 2019).
In this appeal from Allegheny County, the Commonwealth Court found no error in a decision made by the City of Pittsburgh’s Historic Review Commission, which issued a certificate of appropriateness for a proposal to construct a new home in a historic district called “Lemmon Row.”
Appellants (the “Objectors”) own a stretch of row homes in…