Background: Brothers David and Franklin Chan were co-executors of their late mother’s estate and beneficiaries of several properties. Their dispute concerned occupation and third-party rental income from a house at Eng Kong Road, accounts relating to a Far East Shopping Centre unit and estate assets, joint bank accounts, and withdrawals from an account held by their…
Held: The High Court granted limited relief to each side. Franklin had to pay David $12,000 for three months’ occupation of the Eng Kong property and David’s half shares of specified rent received under later tenancies. The parties were also ordered to withdraw and divide equally $142,971.04, plus interest, held in their joint account from the first tenancy. Franklin’s claims for…
Background: WCAA Upstream, LLC held leasehold interests for unconventional natural-gas development in Penn Township, Westmoreland County. The Department of Environmental Protection issued two well permits. After an appeal by Protect PT, the Environmental Hearing Board upheld the permits but imposed additional conditions. WCAA petitioned for Commonwealth Court review, arguing that the Board exceeded its authority by…
Held: The Commonwealth Court majority dismissed the petition as moot. Judge Patricia McCullough explained that Pennsylvania courts decide actual controversies and ordinarily will not issue advisory opinions. Because the permits had expired, setting aside the Board’s conditions would not restore WCAA’s authorization to drill. Any future project would require new or renewed permits and a new administrative record.
Background: Holy Trinity Ukrainian Catholic Church owns a 41-acre property in Collier Township, Pennsylvania, containing a cemetery and mausoleum. The parish proposed developing a religious shrine with a chapel, museum, gift shop, retreat center, and other features honoring Mary and the sanctity of life. Because the property spans two zoning districts and neither expressly permits the…
Held: The Third Circuit affirmed, holding that the District Court did not abuse its discretion in denying preliminary relief. The majority concluded that Holy Trinity was very likely to prevail on its RLUIPA substantial-burden claim because the evidence suggested that another application would be futile and that opposition to the shrine’s religious message influenced the Township’s decision. The Township also had…
Background: Dallastown Area School District installed an access drive connecting York Township Elementary School to Merrin Road. The district obtained a zoning permit, and the township zoning officer concluded that the project did not require a separate land-development plan. Neighbor Susan Smith challenged the permit before the York Township Zoning Hearing Board, contending that the drive…
Held: The Commonwealth Court reversed Common Pleas and reinstated the board’s decision. Judge Stacy Wallace concluded that the access drive was not “land development.” The statutory and local definitions focus on improvements connected with allocating land among two or more buildings, creating additional residential units, or dividing land for development. A standalone driveway serving an existing school did not fit those…
Background: Terence Whalen was the high bidder at an upset tax sale of Mercer County property owned by Kelly Coryea. The trial court later disapproved the sale. Whalen sought reconsideration and attempted to appeal both the order disapproving the sale and the order denying reconsideration, although he had not been a party to the underlying tax-sale…
Held: The Commonwealth Court affirmed the denial of intervention. Judge Christine Fizzano Cannon explained that Pennsylvania Rule of Civil Procedure 2327 requires more than a practical or financial disappointment. A proposed intervenor must show a legally enforceable interest affected by the action. A high bidder at an upset tax sale obtains only an inchoate expectation until the statutory sale process is…