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Leaf It Alone

by Shane M. Rohrbaugh, Esquire If a neighbor wishes to trim an adjacent owner’s tree (branches, limbs, or roots) without seeking court involvement, the neighbor is permitted to do so, but only up to the property line that the tree has crossed.  However, if someone uses self-help and trims a neighbor’s tree, that person is …

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Kaboom!

by Charles A. Rausch, Esquire Get ready for more fireworks in your neighborhood this July 4th.  In 2017, the Legislature passed legislation allowing the sale, possession and use of consumer fireworks in Pennsylvania.  Consumer fireworks include: ground spinners, wheels, cylindrical or cone foundations, sky and bottle rockets, roman candles, chasers, firecrackers and the like.  To …

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Carry On

by Charles A. Rausch, Esquire The Commonwealth Court has upheld the ban on municipalities enacting an ordinance to restrict the unlawful carrying of firearms on property owned by the municipality.  Firearm Owners Against Crime, et al. v. Lower Merion Township, 1693 C.D. 2015 (Pa. Cmwlth Ct., filed December 16, 2016). Lower Merion Township enacted an ordinance prohibiting …

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There Goes the Neighborhood

by John J. Baranski, Jr., Esquire In Marchenko v. Zoning Hearing Board of Pocono Township, 147 A.3d 947 (Pa. Cmwlth. 2016), the Commonwealth Court held that the lack of language prohibiting transient housing in the definition of “single family dwelling” meant that daily rentals of a home in the R-1 zone was permissible.  The owner …

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