by Charles A. Rausch, Esquire Since its passage seven years ago, the Right-To-Know (RTK) Law has spawned a ton of lawsuits interpreting its provisions. The latest lawsuit involves a fight involving a request to the Department of Education for records between the former Secretary of Education and Penn State Board members and administrators over the …
Month: January 2016
Forever and ever…
by Charles A. Rausch, Esquire (with assistance from Jayne Katherman, legal intern) Municipalities have a tough time eliminating nonconforming uses. Although a nonconforming use is not supposed to last forever, it almost seems impossible to get rid of them. The case of Itama Development Associates v. Zoning Hearing Board of Rostraver Township et al., (Pa. …
Good Faith vs. Bad Faith Review
By Charles A. Rausch, Esquire (with assistance from Jayne Katherman, legal intern) The recent case of Honey Brook Estates v. Board of Supervisors of Honey Brook Township, (Pa. Commonwealth Court, filed January 13, 2016), is an example of the race that can ensue when a municipality wants to change zoning and a developer wants to …
Raising A Stink
by Peter J. Haldeman, Esquire The Supreme Court of Pennsylvania recently announced in Gilbert, et al vs. Synagro Central, LLC, et al. that a York County farm’s application of biosolids as fertilizer is a “normal agricultural operation” under the Pennsylvania Right to Farm Act (RTFA). The RTFA provides that “no nuisance action may be brought against …