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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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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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It Better Be Fixed

by Donald B. Hoyt, Esquire Attorney Donald B. Hoyt and Assistant York City Solicitor Jason Sabol recently obtained a legal victory from the Pennsylvania Supreme Court concerning whether freight brokerage services are taxable under the York City’s Business Privilege tax [BP tax], or whether they fall within the “public utility” exception of the Local Tax …

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Under (Storm) Water

By John J. Baranski, Jr., Esquire The new regulations (Federal, state and local) designed to protect the Chesapeake Bay are requiring increased efforts to control and retain storm water run-off.  Small, on-lot detention facilities, such as seepage pits and rain gardens, are becoming more and more common in new construction, and are in addition to …

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