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Articles by Robert Max Junker
Sunshine Act Amendment Limits Late Additions to Posted Meeting Agendas
On October 22, 2026, Governor Josh Shapiro signed Senate Bill 1150 into law as Act No. 103 of 2026, which amends Section 712.1 of the Pennsylvania Sunshine Act to end the practice of a local government adding any matter of agency business to a meeting agenda by a simple majority vote and acting on it at that meeting. The amendment takes effect on December 21, 2026.
Accessing Blight: The Basics of Administrative Search Warrants
Anna Hosack, left, and Robert Max Junker, right, of Babst, Calland, Clements & Zomnir. Courtesy photos Many of the blighted properties across Pennsylvania’s various municipalities are owned by anonymous LLCs, deceased individuals with unopened estates, or those unwilling to consent to inspection by a municipal code enforcement officer, making it especially difficult to address safety concerns that go beyond the front yard.
Limiting Growth—Can ACRE, and Right-to-Farm Help Protect a New 'Normal' in Agricultural Operations?
Robert Max Junker, left, and Anna Skipper Jewart, right, of Babst, Calland, Clements and Zomnir. Courtesy photos In general, Pennsylvania municipalities have broad discretion over land-use regulations. Typically, so long as a municipality acts within the parameters of the Pennsylvania Municipalities Planning Code, 53 P.S. Section 10101 et seq. (MPC), it is relatively free to regulate where any given land use can operate within its boundaries.
Pennsylvania Supreme Court Restores Agenda Flexibility
As Pennsylvania local governments are no doubt well aware, on June 30, 2021, the General Assembly enacted Act 65 of 2021, which amended the Pennsylvania Sunshine Act, 65 Pa.C.S. §§701-716, (Sunshine Act) to require that agencies make their meeting agendas available to the public, and set restrictions on taking official action on any item not listed on the published agenda.
Zoning Enforcement Pitfalls and How to Avoid Them
Ordinance enforcement is an essential function for a municipality to keep its residents and community functioning efficiently. Indeed, the goal of zoning enforcement is to "ensure compliance with an ordinance such that the community is protected. See Borough of Bradford Woods v. Platts, 79 A.2d 984 (Pa.Cmwlth. 2002).
Right-to-Know Law Policy Update in Wake of Anonymous FOIA Buddy Record Requests
If sunlight is said to be the best of disinfectants and electric lights the most efficient policeman, then what is said of the darkness of anonymity? Many agencies have been receiving Right-to-Know Law, 65 P.S. Section 67.701, et seq. (RTKL) record requests created through “FOIA Buddy” that they suspect are anonymous.
The Devil Is in the Details (and the Deemed Approval Deadlines)
Noted wordsmith Pennsylvania Supreme Court Justice Michael Musmanno articulated the rationale for the “deemed approval” concept in Pennsylvania land use law noting: “Without this kind of coercive determination, a board could effectively prevent the erection of needed structures through the simple process of luxurious lolling while spiders of inattention spin webs of indifference over pending public problems.” To avoid luxurious lolling by local governments, the Legislature included mandatory...
Divided Commonwealth Court Holds Local Agencies are Prohibited from Adding Non-Emergency and Non-de Minimis Agenda Items to the Posted Agenda
On June 30, 2021, Governor Tom Wolf signed Senate Bill 554 into law as Act 65 of 2021 which amended the Pennsylvania Sunshine Act, 65 Pa.C.S. §§701-716, (Sunshine Act) to require that agencies subject to the Act make their meeting agendas available to the public, and set restrictions on taking official action on any item not listed on the agenda as published. These changes took effect on August 30, 2021.
Commonwealth Court Strikes Down 2021 Accessibility Regulations as Unconstitutional - Pennsylvania
Tuesday, January 17, 2023 Since the 1999 enactment of the Pennsylvania Construction Code Act (“PCCA”), Pennsylvania has sought to establish uniformity for construction standards throughout the Commonwealth. In pursuit of uniformity the PCCA embraced the adoption of standards drafted by the International Code Council (“ICC”), a private non-profit entity, and directed the Department of Labor & Industry (“Department”) to promulgate certain ICC standards under the Uniform Construction Code (“UCC”).
Commonwealth Court Strikes Down 2021 Accessibility Regulations as Unconstitutional - Pennsylvania
Since the 1999 enactment of the Pennsylvania Construction Code Act ("PCCA"), Pennsylvania has sought to establish uniformity for construction standards throughout the Commonwealth. I
Commonwealth Court Finds Proposed Sale of Unused Park Land Violates the DDPA
Municipalities face many restrictions on how they may use real property, and Pennsylvania law places additional statutory restrictions on a municipality’s conveyance of property that has been used as a “public facility.” The Donated or Dedicated Property Act, 53 P.S. Sections 3381-3386 (DDPA), states that “all lands or buildings … donated to a political subdivision for use as a public facility, or dedicated to the public use or offered for dedication to such use … shall be deemed to be held...
Commonwealth Court Makes a Use Variance a Little Less Scary
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