News & Analysis as of

Municipalities PA Supreme Court

Tucker Arensberg, P.C.

State Supreme Court Decision Results in Continued Taxing Body Appeals

Tucker Arensberg, P.C. on

GM Berkshire Hills LLC v. Berks County Board of Assessment (2023 Pa. LEXIS 272, February 28, 2023) – – Split Supreme Court Ruling Enables Taxing Body Assessment Appeals Based on Recent Sales to Remain - Counties, schools...more

Cozen O'Connor

Commonwealth Court of Pennsylvania Reverses the PUC and Upholds Certain Municipal Permitting Fees

Cozen O'Connor on

In February 2021, the Pennsylvania Public Utility Commission (PUC) issued a declaratory order finding that a utility did not need to pay certain municipal permitting fees because those fees were preempted by the Pennsylvania...more

Tucker Arensberg, P.C.

Event Release Invalidated for Violating Public Policy

Tucker Arensberg, P.C. on

Degliomini v. ESM Productions, Inc. and City of Philadelphia, 253 A.3d 226 (Pa. June 22, 2021) (Pennsylvania Supreme Court held that pre-injury exculpatory release granting city immunity from duty to maintain city streets...more

Obermayer Rebmann Maxwell & Hippel LLP

(Don’t) Judge for Yourself: When Local Board Members Should Recuse Themselves

Under Pennsylvania law, a member of a tribunal who has an interest in the outcome of a matter before it must recuse or disqualify himself or herself because there is the potential for conflict or bias. A “tribunal” is any...more

Cozen O'Connor

Pennsylvania Public Utility Commission Rules Two Municipal Permitting Fees Are Preempted by State Law

Cozen O'Connor on

The Pennsylvania Public Utility Code (Code) gives the Pennsylvania Public Utility Commission (PUC) extensive authority to regulate public utilities in Pennsylvania. The Supreme Court of Pennsylvania has held that the General...more

Obermayer Rebmann Maxwell & Hippel LLP

Whose Land is it Anyway? Pennsylvania Supreme Court rules that Municipalities are Now Subject to Claims for Adverse Possession

In cities and towns across Pennsylvania, it is familiar story - a Good Samaritan homeowner, fed up with overgrown weeds and accumulation of old tires and televisions, decides to clean up a neighboring lot which belongs to an...more

Morgan Lewis

Pennsylvania Supreme Court Strikes Down City Ordinance Attempting to Regulate Utilities’ Use of Municipal Rights-of-Way

Morgan Lewis on

The Pennsylvania (PA) Supreme Court issued its unanimous decision on August 20 in PPL Electric Utilities Corp. v. City of Lancaster, invalidating a municipality’s efforts to impose annual fees on utilities to occupy public...more

Flaster Greenberg PC

Marcellus Shale Update

Flaster Greenberg PC on

At 5:00 a.m. yesterday, a portion of the newly-built Revolution pipeline exploded in Center Township, Beaver County, western Pennsylvania. Luckily nobody was hurt, but one home, two garages, a barn and several vehicles were...more

Tucker Arensberg, P.C.

Gorsline Case Encourages Municipalities to Regulate Drilling via Zoning Ordinance

Tucker Arensberg, P.C. on

On June 1, 2018, the Pennsylvania Supreme Court issued an opinion in Gorsline v. Bd. of Sup. of Fairfield Twp., which stressed the importance of municipalities’ zoning ordinances stating explicitly where oil and gas drilling...more

McNees Wallace & Nurick LLC

Another Attempt to Control Rising Pension Costs in Pennsylvania Thwarted

In City of Allentown, the Pennsylvania Supreme Court ordered the City to implement an interest arbitration award which contained (among modifications to wages, sick leave, vacation, pension and overtime) a minimum staffing...more

Tucker Arensberg, P.C.

Procurement Code Attorney Fee Award

Tucker Arensberg, P.C. on

Scott Enterprises, Inc. v. City of Allentown, 142 A.3d 779 (Pa. 2016) — Pennsylvania Supreme Court held that a jury finding of bad faith does not mandate a trial court to award penalties and attorney fees under the...more

Troutman Pepper

An Update on Pennsylvania's Oil and Gas Law - Act 13 - After Supreme Court Decisions

Troutman Pepper on

While many key provisions of Act 13 have now been struck down by the Supreme Court’s two Robinson decisions, much of the Act remains. Act 13 of 2012 represented a major overhaul of Pennsylvania’s oil and gas law and...more

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