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New PA law affects municipal invoice disputes, escrow requirements

Fox Rothschild LLP
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USA
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December 19 2012

On October 24, 2012, Governor Tom Corbett signed into law legislation that amends Pennsylvania’s Municipalities Planning Code (MPC) by increasing the amount of time a property owner has to dispute invoices from third-party municipal consultants; by providing penalties for excessive and unreasonable billings; and, by clarifying escrow requirements for land development projects

Scotus hears arguments on temporary takings case

Fox Rothschild LLP
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USA
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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

PENNDOT issues new HOP indemnification policy

Fox Rothschild LLP
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USA
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October 26 2012

As part of the Pennsylvania Department of Transportation’s June 2012 Strike-Off Letter addressing Access Approval Procedures, PENDDOT has revised its policies relating to indemnification requirements for Highway Occupancy Permits

Significant benefit to developers and landowners in NJ and PA: further approvalpermit suspension legislation passed

Fox Rothschild LLP
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USA
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July 13 2012

Both houses of the New Jersey Legislature have passed A-1338 (Act) -- a law that extends and modifies the Permit Extension Act of 2008

New FHA collections rule limits borrower eligibility

Fox Rothschild LLP
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USA
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June 21 2012

In a February 28, 2012 Mortgagee Letter, the U.S. Department of Housing and Urban Development (HUD) announced guidance changes affecting lending eligibility requirements for borrowers with disputed accounts or accounts in collection

Access to solar energy the focus of complaint in Douglass Township, PA

Fox Rothschild LLP
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USA
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April 18 2012

On February 15, 2012, Citizens for Pennsylvania’s Future (PennFuture) served Douglass Township, Berks County, a 30-day notice of intent to file a lawsuit on behalf of its clients, the Noonans, against their neighbors to enforce the municipality’s solar energy zoning law

Chester County posts final draft stormwater standards

Fox Rothschild LLP
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USA
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January 20 2012

On December 21, 2011, the Chester County Water Resources Authority published the Final Draft of its county-wide Act 167 Stormwater Ordinance Standards Matrix

Case summary: PPM Atlantic Renewable v. Fayette County Zoning Hearing Board

Fox Rothschild LLP
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USA
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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

Northeast Pennsylvania SMSA Ltd. Partnership v. Scott Tp. Zoning Hearing Bd.,

Fox Rothschild LLP
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USA
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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
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USA
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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