Municipal Alert - Abandoned Vehicle Nuisance Provisions Invalidated by Michael G. Crotty and Ryan M. Jennings
2/1/2012
The Pennsylvania Commonwealth Court, in Borough of New Bloomfield v. Wagner, et al., (Pa. Cmwlth. 2012) (Docket No. 53 C.D. 2011), has recently stricken certain provisions of a nuisance-based Ordinance regulating abandoned vehicles on private property.
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Municipal Alert - Validity of Agricultural Preservation Zoning Upheld by Michael G. Crotty & Ryan M. Jennings
1/24/2012
The Pennsylvania Commonwealth Court, in In Re: Appeal of KMRD, L.P. from Decision of the Zoning Hearing Board of Forks Township, (Pa. Cmwlth. 2012), has recently upheld the validity of Forks Township’s zoning protections for conserved and preserved agricultural lands.
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Municipal Alert - Public Officials' E-mails Might be Subject to Disclosure Under Right-to-Know Law by Michael G. Crotty and Ryan M. Jennings
12/23/2011
If you are under the impression that the Commonwealth Court’s January 2011 decision, In re Silberstein, exempts e-mails of an individual elected or appointed official from disclosure under the Right to Know Act (“RTK”), think again!
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Municipal Alert - Minimum Setback Requirements Found Not to be Preempted by The Surface Mining Act by Michael G. Crotty and Ryan M. Jennings
12/23/2011
A recent Pennsylvania Supreme Court decision has concluded that the Surface Mining Conservation and Reclamation Act (“Surface Mining Act”) does not preempt a local zoning ordinance’s minimum setback requirement for mining activities (from residential structures).
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Local Government 101 Seminar: Gerber Featured Speaker
12/2/2011
Christopher P. Gerber was a featured presenter at the Western Chester County Chamber of Commerce seminar entitled Local Government 101 held on November 19, 2011.
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Seminar on Challenges Confronting Volunteer Fire Companies Presented by Eric M. Brown
10/18/2011
On September 29, 2011, Eric M. Brown, Esquire, of Siana, Bellwoar & McAndrew, LLP, presented a three-hour seminar to municipal officials and fire departments on challenges confronting volunteer fire companies in the 21st century.
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Municipal Alert - Commonwealth Court Rejects Effort to Impose Untimely Municipal Lien on New Owner by Michael G. Crotty and Ryan M. Jennings
10/4/2011
The recent Commonwealth Court decision in Keller v. Scranton City Treasurer, (Pa. Cmwlth. 2011) (Docket No. 2389 C.D. 2010), emphasizes the importance of filing your municipal liens on a regular basis.
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Municipal Alert - Commonwealth Court Reiterates Standard for Propriety of Permit Fees Charged by Municipalites by Michael G. Crotty and Ryan M. Jennings
9/27/2011
The Commonwealth Court recently issued a decision that clarified the standard for measuring whether municipal fees are reasonable and appropriate.
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Municipal Alert - Commonwealth Court Clarifies Procedural Quirks Associated with Enacting Ordinances
8/8/2011
The Commonwealth Court, in Gladstone Partners, LP v. East Union Township (Pa. Cmwlth. 2011) (Docket No. 1586 C.D. 2010), recently explored two quirks associated with the ordinance enactment process.
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Public Employer Alert - Commonwealth Court Sides with Union over the Exclusion of Employees from a Bargaining Unit by Eric M. Brown and Michael E. Truncellito
8/1/2011
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Yet Another Trap for the Unwary Rule 68 Defendant by Michael G. Crotty
7/27/2011
The U.S. Third Circuit Court of Appeals has recently issued a decision that serves as a cautionary tale related to the process of issuing a Rule 68 Offer of Judgment.
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Municipal Alert - Municipal Regulation of Oil and Gas Drilling by Michael G. Crotty and Ryan M. Jennings
7/22/2011
As interests in local Marcellus Shale drilling continue to develop in the Commonwealth, local municipalities continue to dig for guidance as to what they can regulate when it comes to natural gas production.
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Municipal Alert - Commonwealth Court Clarifies the Extent to Which a Second Class Township May Condemn Land for Stormwater Management Purposes by Michael G. Crotty and Ryan M. Jennings
7/22/2011
The Commonwealth Court recently issued a decision limiting the ability to condemn land for stormwater management projects.
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Public Employer Alert - Commonwealth Court Spells Out the Public Policy Exception to the Essence Test by Eric M. Brown and Michael E. Truncellito
7/11/2011
On June 23, 2011, the Commonwealth Court issued an opinion in City of Bradford v. Teamsters Local Union No. 110 that expounded upon the public policy exception to the “essence test.”
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Employer Alert - The Cat's Paw Strikes Again by Christopher P. Gerber
7/6/2011
A public or private employee may prove discrimination when a mid-level supervisor is motivated by a discriminatory intent and influences the final decision maker. The “cat’s paw” theory of liability is now the law of the land.
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Municipal Newsletter - Spring 2011
6/28/2011
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Workplace Seminar Presented by Christopher P. Gerber and Eric M. Brown
5/31/2011
On May 21, 2011, Christopher P. Gerber and Eric M. Brown presented a seminar entitled, "Local Government 201: Navigating the Management Minefield" for the Western Chester County Chamber of Commerce.
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Seminars Presented by Christopher P. Gerber, Michael G. Crotty and Eric M. Brown
5/9/2011
Christopher P. Gerber, Michael G. Crotty and Eric M. Brown recently presented seminars before the Adams County Association of Township Officials.
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Municipal Alert - Procedural Validity vs. Effective Date of a Township Zoning Ordinance
4/26/2011
The Commonwealth Court recently drew a distinction between an ordinance’s validity and its effective date --- an important issue in assessing whether new ordinance provisions can be applied to an applicant.
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Municipal Alert - Imposition of Interest on Delinquent Municipal Accounts
3/22/2011
The Commonwealth Court recently held that a municipality may not assess interest on a municipal lien unless the interest rate is established through enactment of a resolution or ordinance.
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Police Alert - When In Doubt, Call the Prosecutor by Christopher P. Gerber
3/13/2011
In Kelly v. Borough of Carlisle, the Third Circuit Court of Appeals recently held that a police officer's reasonable reliance upon the advice of a prosecutor regarding an arrest will shield the officer from a civil rights law suit as matter of law.
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The Red Flags Rule - Must Your Municipality Comply?
3/1/2011
In 2007, the Federal Trade Commission (“FTC”) issued a number of regulations intended to prevent the rapidly growing threat of identity theft. These regulations impose requirements upon certain organizations to implement a written identity theft prevention program.
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Municipal Employer Alert - When Executive Session Violates the Sunshine Law by Christopher P. Gerber
2/8/2011
Elected officials beware! If you thought that your Board, Commission or Council may meet in executive session to privately discuss litigation with third parties present, you need to read this article.
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Pennsylvania Bar Institute Municipal Law Colloquium
2/7/2011
Andrew Bellwoar has been asked to speak at the Pennsylvania Bar Institute Municipal Law Colloquium in June 2011.
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Third Circuit Decision Limits Supervisory Liability
2/3/2011
Siana, Bellwoar & McAndrew, LLP recently obtained a favorable decision from the Third Circuit Court of Appeals that is significant for all municipalities in Pennsylvania.
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"Emerging Developments in Municipal Bias Claims" Seminar Presented by Siana, Bellwoar & McAndrew, LLP
2/2/2011
Stephen V. Siana, Andrew J. Bellwoar and Michael G. Crotty presented a seminar entitled "Emerging Developments in Municipal Bias Claims" on November 30, 2010.
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"Public Officials' Liability" Seminar presented by Andrew J. Bellwoar & Michael G. Crotty
2/1/2011
Andrew J. Bellwoar and Michael G. Crotty recently presented a seminar entitled Public Officials' Liability to the Montgomery County Zoning Officers' Association.
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Seminar on Collecting Municipal Debt presented by Michael G. Crotty and Eric M. Brown
2/1/2011
Michael G. Crotty and Eric M. Brown recently presented seminars in York County and Westmoreland County on Collecting Municipal Debt.
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Commonwealth Court Clarifies When a Bias Claim Must be Raised
12/22/2010
A recent decision of the Pennsylvania Commonwealth Court has reaffirmed that claims of bias in an applicant’s conditional use proceedings must be raised in the first instance during the hearing before the Board of Supervisors.
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New Law Seeks to Tackle Neighborhood Blight
12/22/2010
New provisions have been signed into law to increase the tools available to local municipalities in combating seriously neglected, dangerous properties.
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Municipal Newsletter - Fall 2010
11/30/2010
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"Uncivil Wars" Seminar presented by Stephen V. Siana
10/22/2010
On October 17, 2010, Stephen V. Siana presented a seminar entitled "Uncivil Wars" at the Pennsylvania State Association of Boroughs' Fall Leadership Conference at the Wyndham Gettysburg.
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"Collecting Delinquent Municipal Fees" Seminar presented by Siana, Bellwoar & McAndrew, LLP
10/5/2010
Stephen V. Siana, Michael G. Crotty, Eric M. Brown and Michael T. Taylor presented a seminar entitled “Collecting Delinquent Municipal Fees” on behalf of Pennsylvania State Association of Boroughs (“PSAB”).
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PSAB Seminar: Sep. - Oct. 2010
8/19/2010
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Municipal Newsletter - Spring 2010
6/21/2010
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When Does a Municipality "Approve" a Contract or an Application? by Andrew J. Bellwoar
6/9/2010
When Does a Municipality "Approve" a Contract or an Application? The Court of Common Pleas of Chester County recently decided an issue of significance for every municipality in Pennsylvania.
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Siana Firm Prevails in First Amendment Case by Christopher P. Gerber, Esquire
4/19/2010
On April 14, 2010, the Third Circuit Court of Appeals affirmed summary judgment in favor of Chalfont Borough in favor of Chalfont Borough in Knight v. Drye et al. where the Plaintiff police officer claimed that Borough officials unlawfully terminated him in retaliation for alle
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Employer Alert - Employers Struggle With New Disability Law by: Christopher P. Gerber, Esquire
4/19/2010
The expansion of coverage under the Americans with Disabilities Act (ADA) last year has resulted in confusion over what actually constitutes a "disability."
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Siana, Bellwoar & McAndrew, LLP Wins Major Victory for Police Officers!
1/15/2010
Siana, Bellwoar & McAndrew, LLP Wins Major Victory for Police Officers!
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Municipal Newsletter - Spring 2009
7/14/2009
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Councilwoman Immune from Defamation Lawsuit
7/6/2009
In June 2009, attorneys for Siana, Bellwoar & McAndrew, LLP successfully defended a Borough a Councilwoman who allegedly made defamatory remarks about the Borough Council President during public meetings.
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Employer Alert - A Legal Update for Local Governments in Pennsylvania
5/10/2009
Complaints of Police Officer Not Protected by the First Amendment
By: Christopher P. Gerber, Esquire
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Employer Alert - Congress Expands Disability Law
10/27/2008
Congress Expands Disability Law by Christopher P. Gerber, Esquire
On September 25, 2008, President George W. Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. The amendments become effective on
January 1, 2009. The new law expands the coverage of the Americans with Disabilities Act, which reverses a trend by U.S. Courts whose decisions have narrowed the application of the Act dat
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