Today, the Pennsylvania Commonwealth Court handed down a tax assessment appeal decision affirming the right of the Downingtown Area School District in Chester County to select two parcels used for multi-family rental housing, and appeal the assessment for those parcels in an attempt to increase the tax appraisal and, accordingly, the annual tax paid. (more…)
Do you want your spouse or significant other evicted from your house? Do you want to limit a parent’s custodial rights? Don’t want to wait for a divorce or custody proceeding? File a Protection From Abuse Petition and it will often be granted the same day. The PFA statute as written, facilitates a system which is ripe for abuse by individuals who are not actually being abused but who want to “get back at” their former spouses or significant others, or take advantage of weakness in the civil law process. Perhaps if individuals start to fight the PFA system, legislators and the courts will realize that the burden of proof is too low and allows for an abuse of our legal system. Rather than consent to a PFA, fight it and tell the Court your side of the story. (more…)
Recently, the Pennsylvania Commonwealth Court required a developer to abide by Township subdivision requirements in the development of a single family residential community even though compliance with the Township regulations required the development of land not owned by the developer adjoining the developer’s tract. (more…)
In a recent decision, January 3, 2013, the Commonwealth Court answered the question of who is the chief of law enforcement officers of a borough. In the case of Rickey Hoffman, Mayor of the Borough of Macungie, Borough Council and the District Attorney of Lehigh County, three choices for top law enforcement officer of the municipality were given. It could be the Mayor or the Chief of Police or the District Attorney. The Court chose the Mayor. (more…)
When a seller sells a residential house in the Commonwealth of Pennsylvania there is a legal requirement that material defects with regard to the residential real property or any portion of it that would have a significant adverse impact on the value of the property or involves an unreasonable risk to people on the property be disclosed to the buyer. (more…)
EMPLOYEE WHO DOES NOT REPORT CRIMINAL CHARGES FILED AGAINST HIM WHERE EMPLOYER RULE REQUIRES NOTICE TO EMPLOYER OF AN ARREST OR CONVICTION DOES NOT COMMIT WILLFUL MISCONDUCT WHERE THE EMPLOYEE VOLUNTARILY REPORTED FOR FINGERPRINTING AND PHOTOGRAPH AND ADMISSION TO ARD AND IS NOT APPREHENDED BY AUTHORITIES OR HANDCUFFED AND TAKEN INTO CUSTODY OR TRANSPORTED TO THE POLICE STATION BY THE POLICE (more…)
The Pennsylvania Sunshine Act, 65 Pa.C.S. § 701 et seq. is generally cited for the proposition that the majority or a quorum of the elected officials on a governing body may not meet outside of an advertised public meeting. The Sunshine Act isn’t quite that broad. (more…)
Have you ever wondered how effective the releases you sign at a ski resort, wall climbing facility, horseback riding operation or other activity which may be hazardous would be in the event that you were injured due to the improper and careless conduct of the operator of the facility or the operator’s employees? (more…)
Commonwealth v. AU
The issue addressed in this case was whether an officer has legal authority to approach a vehicle and ask for identification when there has been no evidence of criminal activity or violations of the Vehicle Code. (more…)