Whether you are a Lender or a Borrower, it’s obviously very important to know what terms are included in your Loan Documents and how they may affect your interests. Periodically, I will be blogging on issues and concerns regarding Loan
In the Zone
Exploring Developments in Pennsylvania and New Jersey Real Estate, Zoning and Land Use Law
Latest from In the Zone - Page 3
OBTAINING PENNDOT RIGHT OF WAY AS A CONDITION TO OBTAIN YOUR HOP
If your development projects fronts on a state road, then it is likely that you will need a Highway Occupancy Permit (“HOP”) from PennDOT. If you need a HOP from PennDOT, then it is very likely that you will need…
Court Dismisses Developer’s Claim Against Township for Damages
In the case of Cardinal Crossing v. Marple Township, the PA Commonwealth Court was faced with the issue of whether a developer, who spends substantial funds on a development, in reliance on statements of support from a committee formed…
A/B SEPTIC SYSTEMS ARE BACK IN PLAY FOR PLANNING MODULE APPROVAL FOR NEW PROJECTS
Governor Tom Wolf signed into law, on July 20, 2017, Act 26, which amended the Pennsylvania Sewage Facilities Act concerning the use of alternate sewage systems for purposes of obtaining planning module approval from DEP for a new project. Act…
Seeking Site-Specific Relief after Successful Ordinance Validity Challenge
In a recent Commonwealth Court decision, Appeal of Chester County Outdoor, LLC, No. 1761 C.D. 2016, 2017 WL 3198266 (Pa. Comm. July 28, 2017), the Court held that, after a successful validity challenge to an ordinance, the challenger must file an…
LIBOR to Disappear
Kevin Scott writes:
In case you missed it last week, The Wall Street Journal and others reported (sub. req.) that the rate index LIBOR is going to be discontinued by the end of 2021. LIBOR has been the base index…
MPC Permits a Private Cause of Action to Enforce a SALDO
In a case caption Smith v. Ivy Lee Real Estate, LLC, the Commonwealth Court of Pennsylvania was faced with the question if Section 617 of the MPC permits a private cause of action to enforce a subdivision land development ordinance…
PA Supreme Court Rules on School District Tax Appeals
In a recent Supreme Court of Pennsylvania case, captioned as Valley Forge Towers, taxpayer brought an action against the school district, as a taxing district, seeking declaratory and injunctive relief claiming that the school district violated the uniformity clause of…
Sanctions for False Pleadings
In many cases, clients ask us if we can file a motion against the other party for filing a false or frivolous pleading. In a recent opinion, the Commonwealth Court of Pennsylvania outlined the way in which a party must…
Funding Your Small or Mid-Size Development Project in New Jersey
Obtaining financing for your development project is one of the most important aspects of moving your development plans from paper to reality. Recently, the New Jersey Economic Development Authority (the “Authority”) created a Real Estate Impact Fund (the “REIF”). The…