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Scotus hears arguments on temporary takings case
- Fox Rothschild LLP
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- USA
- -
- November 28 2012
On October 3, 2012, the Supreme Court of the United States heard oral arguments in a case whose outcome may change federal takings and the just compensation owed property owners subjected to a temporary physical taking by the government
Case study: Commerce BankHarrisburg, N.A. v. Kessler
- Fox Rothschild LLP
- -
- USA
- -
- July 26 2012
n May 2012, the Superior Court of Pennsylvania filed its decision in Commerce BankHarrisburg, N.A. v. Kessler
Case summary: PPM Atlantic Renewable v. Fayette County Zoning Hearing Board
- Fox Rothschild LLP
- -
- USA
- -
- September 14 2011
The case of PPM Atlantic Renewable v. Fayette County Zoning Hearing Bd., A.3d , 2011 WL 1753018, Pa. Cmwlth., May 3, 2011 (No. 1431 C.D. 2010), demonstrates the application and effect of Section 1003-A of the Municipalities Planning Code (MPC), 53 P.S. 11003-A, which allows a party to request a bond in Common Pleas Court after the court disposes of a land use matter and a party takes a further appeal
Legislation targets enviro-activist lawsuits
- Fox Rothschild LLP
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- USA
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- September 14 2011
U.S. Representative Cynthia Lummis (RWyo.) and Senator John Barrasso (R-Wyo.) jointly introduced the Government Litigation Savings Act, legislation that prevents abuse of the Equal Access to Justice Act (EAJA), 5 USC Sec. 504, by large environmental groups and others who frequently challenge the federal government in court
Northeast Pennsylvania SMSA Ltd. Partnership v. Scott Tp. Zoning Hearing Bd.,
- Fox Rothschild LLP
- -
- USA
- -
- August 8 2011
In Northeast Pennsylvania SMSA Ltd. Partnership v. Scott Tp. Zoning Hearing Bd., 18 A.3d 1272 (Pa. Cmwlth. 2011), decided April 18, 2011, the Commonwealth Court examined an appeal by local neighbors regarding a dimensional variance that allowed NorthEast Pennsylvania SMSA Limited Partnership (Verizon) to construct a cell phone tower near the neighbors’ properties
Case summary: Pohlig Builders, LLC v. Zoning Hearing Board of Schuylkill Township
- Fox Rothschild LLP
- -
- USA
- -
- August 8 2011
In Pohlig Builders, LLC v. Zoning Hearing Board of Schuylkill Township, 15 A.3d 563, 2011 WL 2084174, Pa. Cmwlth, March 17, 2011 (No. 782 C.D. 2010), the Commonwealth Court addressed the Schuylkill Township Board of Supervisors’ zoning appeal based on a variance granted to Pohlig Builders (the developers) to disturb an area of steep slopes such that the developers could construct their proposed residential development
