Pennsylvania Supreme Court Alters the Conditional Use and Special Exception Landscape
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Unpaid Repair Bill – You May Have a Lien
If you have serviced a customer’s vehicle and have not been paid, you may have a lien. This type of lien is created by law and is properly called a garageman or repairman’s lien (often mistakenly called a mechanic’s lien). If you have done the following regarding the repair performed, you should have a garageman/repairman’s lien:
Secured consent of the owner to perform work on the vehicle – it will be best if this consent…
**UPDATE** Regulating Short-Term Rentals – The Pennsylvania Supreme Court Weighs In
In blog posts last year (available HERE and HERE), we reviewed the challenges that municipalities face in regulating short-term rentals under existing zoning ordinances that do not specifically address the use. One case we discussed was Slice of Life, LLC v. Hamilton Township Zoning Hearing Board, 164 A.3d 633 (Pa. Commw. Ct. 2017). The Commonwealth Court’s decision in Slice of Life was appealed and the Pennsylvania Supreme Court recently reversed the Commonwealth Court’s decision.…
IRS Blesses Current Refundings of Targeted Government Bond Programs (With Limits)
The Internal Revenue Service recently released Notice 2019-39, clarifying the scope of permitted current refundings of bonds issued under special governmental bond programs. Issuers may rely on this Notice to issue tax-exempt bonds to currently refund any bonds that are issued pursuant to such targeted programs, subject to some limitations.…
Who has access to your DMS database?
There is a constant drip of news about data security breaches, identity thefts and cybersecurity, to the point that it can become background noise. That is, until it happens to you, as I recently found out.
Several weeks ago, I got a call from the administrator of my 401(k) asking if I had requested another distribution from my account. Someone posing as me had managed to obtain a significant distribution from my 401(k) plan. They…
Shopping Malls: This Ain’t the Dawn of the Dead
Webinar: Solutions for Blight in Pennsylvania
Franchising Update: As vehicle inventories soar to new heights, what protections do dealers have from manufacturers pushing unwanted inventory?
Reports of excessive inventory seem to be everywhere. Sales have slowed, but manufacturer output has not followed suit. This presents opportunities for dealers to acquire vehicles that are hot sellers, and to gain sales and profits. It also presents the very real risk of vehicles stacking up not only on manufacturer lots, but also on dealer lots and on dealer floorplans.
In this environment, it is an appropriate time to revisit the protections provided by…
When Are Ducks Pets?
We are accustomed to seeing some accommodations for emotional support animals in the housing context. Recently, a Borough’s zoning hearing board and the Court of Common Pleas were asked to resolve a similar issue in a zoning case. The facts and issues in the case touched on urban agriculture issues that are becoming increasingly more common in addition to the interpretation of certain terms in the Borough’s zoning ordinance. Like short-term rentals, emotional support animals…
DOL Weighs in on Independent Contractors in the Gig Economy
The issue of independent contractors and employment status continues to vex employers and present substantial liability risks. The employment laws generally cover only employees, not independent contractors. Properly classified independent contractors cannot have viable claims under the discrimination laws, wage and hour laws, leave laws, workers’ compensation laws, etc., because they are not covered by these laws.
Misclassification of an independent contractor, however, can result in liability under many laws for the unwary employer. Independent…