Tuesday, March 22, 2011

Pennsylvania Game Commission Removes Protection on Feral Swine

Pennsylvania Game Commission Executive Director, Carl Roe, issued an Executive Order (“Order”) for the removal of protection on feral swine.  Except in counties designated as containing official eradication trapping operations, the repeal of protection applies statewide.  The Commission determined that to protect humans and resources it is necessary to eradicate feral swine from the wild.  Additionally, the Order establishes the terms and procedures for the proper taking (killing) of feral swine.  For more on the Commission’s Order please visit The Pennsylvania Bulletin.  

Written by Jay Angle, Research Assistant

Monday, March 21, 2011

Main St. Dev. Group, Inc. v. Tinicum Township Bd. of Supervisors

On March 21, 2011, the Commonwealth Court of Pennsylvania affirmed a trial court’s decision that found Section 806(i) of the Tinicum Township’s Zoning Ordinance invalid as applied to Township areas zoned as Controlled Commercial, Commercial, Limited Commercial, and Planned Industrial.  Section 806(i) is an overlay district that limits development on agricultural prime soils and prevented Main Street Development Group, Inc. (“Developer”) from building in a commercial zoned district.  Developer challenged the validity of Section 806(i) in pertaining to non-agricultural zoned areas.  The court concluded that “because the effect of Section 806(i), combined with the underlying zoning, causes the entire Township to become a de facto agricultural zone, it unduly disturbs the expectations created by the existing zoning ordinance, disrupts the balancing between preserving agriculture and allowing development as mandated by the MPC [Pennsylvania Municipalities Planning Code], and unreasonably restricts Developer’s use of its land.”  For the complete court opinion please view Main St. Dev. Group, Inc. v. Tinicum Township Bd. of Supervisors.

Written by Jay Angle, Research Assistant