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Month: January 2015

“Old Black Water, Keep on Rollin’…”

In Gibellino v. Manchester Township, 45. C.D. 2014 (Pa. Cmwlth., filed 1/23/2015), the Commonwealth Court decided whether the Township was liable for damages caused by a backflow of raw sewage into Gibellino’s property.  In 2004, Hurricane Ivan created a surcharge of the Township’s sewage system that damaged Gibellino’s commercial property.  The Township wrote to Gibellino …

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Watch The Company Your Words Keep

In matters of zoning, the use of the wrong word can make or break you.  This recently was demonstrated in the case of Kohl v. New Sewickley Township Zoning Hearing Board v. Layton, 126 C.D. 2014 (Pa. Commonwealth, filed January 21, 2014).  In this 21-page opinion, the Commonwealth Court wrestled with the meaning of the …

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