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Articles by Michael Sklaroff
Supreme Court Rules That Private Parties May Condemn State-Owned Property
United States: Supreme Court Rules That Private Parties May Condemn State-Owned Property 02 July 2021 by Edward D. Rogers (Philadelphia) , Michael Sklaroff (Philadelphia), Nathan Farris (Philadelphia) and Paul Keller Ort (Philadelphia) Ballard Spahr LLP To print this article, all you need is to be registered or login on Mondaq.com. On Tuesday, the U.S. Supreme Court ruled 5-4 that private utilities may exercise eminent domain to take state-owned property under the Natural Gas Act (NGA).
Supreme Court Holds That Regulation Allowing Access to Farmers' Property Is a Per Se Physical Taking | JD Supra
[co-author: Nathan Ferris] A ruling from the U.S. Supreme Court this week may have altered the landscape of takings claims by expanding the scope of physical takings. Since the landmark case of Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978), landowners claiming that a government regulation amounted to a taking had to show that the regulation went “too far” under a multi-factor balancing test.
Federal Judge Strikes Down Key COVID-19 Orders in PA | JD Supra
On Monday, September 14, U.S. District Court Judge William S. Stickman IV became the first federal or state judge in Pennsylvania to strike down Governor Tom Wolf’s emergency orders relating to the COVID-19 pandemic. Following briefing and an evidentiary hearing, Judge Stickman held that the orders restricting the size of gatherings, ordering Pennsylvania residents to stay at home, and closing businesses deemed non-life-sustaining all violate the U.S. Constitution.
Pennsylvania Supreme Court Rejects Legislators’ Attack on Governor’s COVID-19 Emergency Proclamation | JD Supra
On July 1, in Wolf v. Scarnati, a divided Supreme Court of Pennsylvania rejected House Resolution 836, in which the Commonwealth’s General Assembly attempted to terminate Governor Tom Wolf’s Proclamation of Disaster Emergency. [Read more about the background of this case here.] For the second time during the pandemic, the court invoked its seldom-used King’s Bench Powers to exercise jurisdiction, as it had in April in Friends of Danny DeVito v. Wolf.
New Challenges to PA Governor’s COVID-19 Emergency Authority | JD Supra
Private citizens have separately challenged Governor Tom Wolf’s COVID-19 executive orders as unconstitutional takings in federal district court and in the Pennsylvania Supreme Court. Learn more about those cases here: Friends of Danny DeVito v. Wolf and Schulmerich Bells, LLC et al. v. Wolf, Case 2:20-cv-01637.
Courts Find That Governors Enjoy Broad Police Power to Limit Private Activities in a Pandemic | JD Supra
Across the country, state and local governments have responded to the coronavirus by limiting in various ways normal activities that were part of everyday life before the outbreak. A battery of lawsuits in state and federal courts have challenged these limits on constitutional grounds. The United States Supreme Court weighed in on one such limit last week, denying by a 5-4 vote a San Diego church’s emergency application to enjoin enforcement of California’s reopening plan.
Pennsylvania Supreme Court Weighs In: COVID-19 Shutdown Is Not an Unconstitutional Taking | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Do the COVID-19 Shutdowns Constitute Takings Or Due Process Violations? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Deadline Approaches for Phila. Tax Appeals - Increased Assessments & Potential for School District Appeals
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PA Supreme Court Limits School District Real Estate Tax Appeals
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Russian reformer had Philadelphia ties
A file picture shows former first deputy prime minister Boris Nemtsov (L) as he speaks with a police officer wearing riot gear at the Triumfalnaya Square in Moscow, on December 31, 2010. OXANA ONIPKO/AFP/Getty Images The murder of Russian opposition leader Boris Nemtsov shocked the civilized world.
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