PA Specific

Real Estate

4.62

Land Use and Zoning in Pennsylvania: From Application to Appeal

Credits Available
Credit Status Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
OnDemand
5 hours 54 minutes
Stacey MacNeal
Brittany Bloam
David Montgomery
Brendan O
Neil Stein
With Stacey R. MacNeal from Barley Snyder + 4 others
Recorded December 18, 2024
Product ID 99962

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Overview

Walk Step by Step Through the Process With Insights From Seasoned Attorneys

Your client wants to develop property. How do you confirm their ability to do so? How do you get the government's go-ahead, and what do you do if the application is denied? This start-to-finish land use and zoning online seminar will teach you the basic laws before digging into the approval and appeals process. Construct a foundation for a successful practice - register today!

  • Review federal, state, and local laws and regulations that govern land development.
  • Learn how to request variances, conditional use permits, and other authorizations.
  • Navigate procedural and technical requirements for subdividing land.
  • Gain practical insights on presenting the application at a public meeting or hearing.
  • Anticipate when local government decisions or actions are ripe for a constitutional challenge.
  • Follow proper steps during appeals and give your client's case the best chance of success.

Abbreviated Agenda

  1. Pennsylvania Land Use and Zoning Basics
  2. Applications and Approval Procedures: Variances, Conditional Use Permits and More
  3. Navigating the Subdivision Process
  4. Meetings, Hearings, and Dealing With Objectors
  5. Constitutional Issues and Case Law
  6. Challenging or Appealing a Land Use Decision
  7. Legal Ethics Issues for Land Use Attorneys
Product ID 99962

Credit Details

Credits Available
Credit Status Total
New York CLE Approved 7 Total
Pennsylvania CLE Approved 6 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. Pennsylvania Land Use and Zoning Basics

    1. Land Use and Zoning 101
    2. Sources of Authority for Land Use Decisions
    3. State and Local Laws and Ordinances
    4. Planning Boards
    5. The Comprehensive Plan
    6. Impact Fees and Exactions
    7. Federal Laws: "Standard Acts," RLUIPA, and Fair Housing
    8. Environmental Laws Affecting Land Use
  2. Applications and Approval Procedures: Variances, Conditional Use Permits and More

    1. Pre-Application Issues
    2. Site Plan Applications
    3. Ordinance Amendments and Rezoning
    4. Variances
    5. Conditional/Special Use Permits
    6. Planning and Environmental Reviews - What to Expect
    7. Documenting as if You're Preparing for an Appeal
  3. Navigating the Subdivision Process

    1. Subdivision Regulations
    2. Due Diligence
    3. The Application and Approval Process
    4. Inspections, Dedications, and Vacations
    5. Fulfilling Conditions
    6. Working With Surveyors and Engineers
    7. Plat and Documentation for New Titles
  4. Meetings, Hearings, and Dealing With Objectors

  5. Constitutional Issues and Case Law

    1. Property Rights vs. Police Power
    2. Takings
    3. Vested Rights and Estoppel
    4. Due Process
    5. Equal Protection
    6. First Amendment
    7. Hot-Button Land Use Issues and Case Law
  6. Challenging or Appealing a Land Use Decision

    1. Quasi-Judicial vs. Quasi-Legislative
    2. Local Appeal Process
    3. Standing Issues
    4. Procedural and Evidence Rules
    5. Preparation and Testimony
    6. Preserved Administrative Record
    7. Assertion of Collateral Constitutional and Other Claims
    8. Exhausting Your Administrative Remedies
    9. Going to Court
    10. Hearing Tips and Techniques
  7. Legal Ethics Issues for Land Use Attorneys

    1. Conflicts of Interest
    2. Duties of Appointed Zoning Officials
    3. Ex Parte Contacts
    4. Attorney Fees
    5. Dealing With Pro se Parties
    6. Ethical Issues in Multi-Jurisdictional Practice

Who Should Attend

This basic level online seminar is designed for attorneys. Zoning and land use planners and officials, developers, engineers, surveyors, and paralegals may also benefit.

Speakers

Stacey R MacNeal
Stacey R.
MacNeal
Barley Snyder
Brittany M Bloam
Brittany M.
Bloam
Meyer, Unkovic & Scott LLP
David J Montgomery
David J.
Montgomery
Montgomery Law Firm LLC
Brendan A O'Donnell
Brendan A.
O'Donnell
Houston Harbaugh, P.C.
Neil A Stein
Neil A.
Stein
Kaplin Stewart Meloff Reiter & Stein, P.C.
Speaker bio
Stacey R MacNeal

Stacey R. MacNeal

Barley Snyder
Stacey MacNeal

is a member of Barley Snyder's real estate practice group and chair's the firm's land use team. She has over 25 years of experience practicing law. Ms. MacNeal regularly represents property owners and developers in all stages of real estate acquisition, financing, operations, development, and divestment. She is also a licensed title agent in Pennsylvania and Maryland. A primary section of Ms. MacNeal's practice is land use and development, as she often represents residential developers, commercial developers, business owners and homeowners in front of municipal boards in south central Pennsylvania. Her work stretches through the regions, assisting her clients in front of municipal boards in York, Lancaster, Dauphin, Adams and Cumberland counties, in addition to work beyond those borders as well. Ms. MacNeal has experience shepherding complex development through all phases, including zoning, land development, Pennsylvania Department of Environmental Protection approvals, and PennDOT processes. She also has experience in unique real estate matters such as quiet title actions and eminent domain proceedings. Ms. MacNeal earned her J.D. degree at Dickinson School of Law.

Speaker bio
Brittany M Bloam

Brittany M. Bloam

Meyer, Unkovic & Scott LLP
Brittany Bloam

is a partner in Meyer, Unkovic & Scott LLP's litigation and dispute resolution practice group. She represents clients facing a variety of legal issues, including land use and zoning matters, real estate litigation, and commercial disputes. Ms. Bloam is particularly interested in the real estate development and construction industries. Her real estate practice includes representing property owners and developers in land use and zoning matters, and regularly presents on behalf of clients at public meetings and hearings. In addition to zoning and land use actions, Ms. Bloam has experience handling real estate litigation matters, including landlord-tenant, quiet title, eminent domain, boundary line disputes, partition actions, and property tax assessment appeals. She was chosen by her peers as a Pennsylvania Super Lawyers Magazine Rising Star for the years 2016-2021 and a Best Lawyers One to Watch in 2023. Ms. Bloam earned her J.D. degree at University of Pittsburgh School of Law.

Speaker bio
David J Montgomery

David J. Montgomery

Montgomery Law Firm LLC
David Montgomery

is a solo practitioner at Montgomery Law Firm LLC, where his practice area includes municipal and government law, zoning, eminent domain, real estate, and commercial litigation. Mr. Montgomery also has served as solicitor to the Allegheny County Board of Property Assessment Appeals and Review and the Municipality of Bethel Park Zoning Hearing Board. He earned his B.A. degree from Oberlin College and his J.D. degree, magna cum laude, from Temple University School of Law. Mr. Montgomery is member of the Allegheny County Bar Association (Real Estate Section and has served on the ACBA subcommittees responsible for revising local rules on tax appeals and eminent domain).

Speaker bio
Brendan A O'Donnell

Brendan A. O'Donnell

Houston Harbaugh, P.C.
Brendan O'Donnell

is an attorney in Houston Harbaugh, P.C.'s oil and gas practice. He maintains a diverse practice, representing clients in all matters involving oil and gas spanning the transactional and litigation realms. On the transactional front, Mr. O'Donnell routinely assists landowners with negotiating oil and gas leases, pipeline rights of way, and surface use agreements and subsurface easements related to horizontal drilling as part of Marcellus and Utica shale development. He also frequently reviews royalty statements and oil and gas ownership issues, as well as preparing deeds and title curative documents. Mr. O'Donnell complements his oil and gas practice by representing property owners, including oil and gas owners, in zoning and land use matters. He earned his B.A. and J.D. degrees from the University of Pittsburgh. Mr. O'Donnell is admitted to practice before the Commonwealth of Pennsylvania, U.S. District Court for the Western and Middle districts of Pennsylvania, and U.S. Court of Appeals for the Third and Sixth circuits.

Speaker bio
Neil A Stein

Neil A. Stein

Kaplin Stewart Meloff Reiter & Stein, P.C.
Neil Stein

is an attorney and principal at Kaplin Stewart Meloff Reiter & Stein, P.C. located in Blue Bell, Pennsylvania. He has represented landowners, developers, institutions and non-profit groups for over thirty years in each and every phase of real estate law, including complex transactions, entity structuring, financing, land use approvals, land use litigation, eminent domain and real estate tax appeals. Mr. Stein is currently an adjunct professor of real estate law at the Temple University Beasley School of Law and lectures frequently to professional organizations. He also serves on the Legal Action Committee of the National Association of Home Builders, chair of the Political Action Committee, and a director of the Homebuilders Association of Bucks/Montgomery Counties. In 2015, Mr. Stein was inducted into the HBA Hall of Fame. He has also served as a director and member of the Judiciary Committee of the Montgomery Bar Association. Mr. Stein has been designated as a Super Lawyer by Philadelphia Magazine in multiple years, as well as being recognized as among the Best Lawyers in America. He graduated, magna cum laude, from Temple University with a Bachelors of Business Degree in accounting and economics, is a cum laude graduate of the Temple University Beasley School of Law, and holds a Masters of Law (LL.M.) in taxation. Mr. Stein also served as research editor of the Temple Environmental Law Journal.

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Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
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