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Real Estate

PennsylvaniaAppellate ProcedureReal EstateZoning Law
Commonwealth Court of Pennsylvania
Uncategorized

Bozek v. Atlantic Wind — Internet Discovery of Wind Turbine Construction Did Not Toll MPC’s 30-Day Land Use Appeal Deadline

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The Commonwealth Court affirmed the quashing of a land use appeal challenging a Fayette County wind power facility development plan, holding that the MPC’s 30-day appeal period ran from the date of the written approval decision — not from the objector’s internet discovery that construction had begun — and that the due process exception to the time limit must be affirmatively pleaded in the appeal.

PennsylvaniaEminent DomainReal Estate
Commonwealth Court of Pennsylvania
Uncategorized

Burns v. PennDOT — Misleading Plot Plan Tolls 30-Day Deadline and Opens Separate De Facto Taking Claim

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The Commonwealth Court reversed a trial court order striking a de facto condemnation claim from a condemnee’s petition for appointment of viewers. PennDOT’s plot plan showed the condemnee’s home excluded from a County Line Road right-of-way expansion, but a subsequent survey revealed the taking included part of the house’s porch. The court held that a misleading plot plan tolls the Eminent Domain Code’s 30-day filing deadline and permits the condemnee to pursue both de jure and de facto taking claims in a single viewer proceeding.

PennsylvaniaAdministrative LawConstitutionalReal Estate
Commonwealth Court of Pennsylvania
Uncategorized

Misingwa Land Trust v. Beaver County — Commonwealth Court Vacates Denial of Tax Exemption for Land Conservation Trust

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The Commonwealth Court of Pennsylvania vacated a Beaver County trial court’s denial of a real estate tax exemption for a land conservation trust, holding that the trial court misapplied the HUP purely-public-charity test by merging the “charitable purpose” and “indefinite public benefit” factors, improperly requiring evidence of significant public visitation, and ignoring the Environmental Rights Amendment and the Charitable Purposes Act in the charitable-purpose analysis.

PennsylvaniaCivil ProcedureEminent DomainReal Estate
Commonwealth Court of Pennsylvania
Uncategorized

Carlino East Brandywine v. East Brandywine Twp. — Collateral Estoppel Cannot Rest on a Prior Dismissal for Lack of Standing

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The Commonwealth Court vacated a permanent injunction granted in a decade-long Chester County land development dispute, holding that the trial court wrongly applied collateral estoppel: because the prior declaratory judgment action was dismissed for lack of standing, the issues were never actually litigated, and the identity-of-issues element was independently unsatisfied because the prior case turned on the Prevailing Wage Act while the injunction proceeding did not.

PennsylvaniaAdministrative LawReal EstateStatutory Interpretation
Commonwealth Court of Pennsylvania
Uncategorized

Dieffenbach v. Rose Tree Media SD — RETSL Exceptions Cannot Challenge Constitutionality of the Tax Itself

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The Commonwealth Court held that Pennsylvania’s Real Estate Tax Sale Law exceptions procedure does not permit constitutional challenges to the validity of a tax levy, affirming dismissal of a pro se taxpayer’s Uniformity Clause attack on Delaware County school taxes as beyond the scope of the RETSL exceptions process.

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