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MacElree Harvey, Ltd.

MacElree Harvey, Ltd.

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Robert M. Tucker

Zoning

February 6, 2015 by Hoppel Design

A zoning ordinance is much more than a menu of permitted uses; rather, it includes area and bulk regulations, regulation of sensitive land areas such as woodlands, wetlands and areas of steep slope, as well as historic resources, and nonconforming uses. A thorough familiarity with both the Pennsylvania Municipalities Code and the local ordinance in question is vital to achieving success when seeking to change or amend zoning code, or when applying for a variance, conditional use or special exception.

Closely related to land use, our MacElree Harvey zoning group exclusively represents builder/developers and landowners in all aspects of zoning from petitions for zoning ordinance amendments, to applications for special exceptions, variances, conditional uses, and expansions of nonconforming uses. From giving zoning advice to representing clients involved in all aspects of zoning, our land use group attorneys each have significant experience working with zoning laws and regulations. The team counts a SuperLawyer, a Top Lawyer, and a Rising Star among its members. Several of our zoning attorneys have experience representing municipalities or zoning hearing boards and serving on a Board of Supervisors; others clerked for the Supreme Court of Pennsylvania and the Commonwealth Court of Pennsylvania and the Court of Common Pleas of Chester County.

While our representation is confined to representing landowners, developers and tenants, our attorneys’ collective past experience allows us to provide insight into the thinking and functioning of local municipal government. We have substantial experience in preparing and presenting zoning cases, and we know how to present the evidence in support of an application, which may include fiscal and traffic impact studies, environmental analysis, geotechnical analysis, structural analysis, and other impact statements. Sometimes an approval is denied; by evaluating the likelihood of success on appeal, our experienced attorneys provide representation at the Court of Common Pleas and higher Appellate Court levels.

Many homeowners who decide to install additions to their homes or swimming pools learn that to install the pool of their dreams they must first obtain a variance. A storm water management, impervious coverage, and green space and set back requirements have become more stringent in recent years. This has resulted in many more homeowners requiring variance relief before they are permitted to install a swimming pool to meet these more complicated requirements.

MacElree Harvey’s land use attorneys are very familiar with residential variances for expansion of homes, installation of swimming pools and the like. We have established a track record of obtaining the variance relief needed in an efficient manner that makes the process as painless as possible for the homeowner.

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Uncategorized

Litigation Law

January 29, 2015 by Hoppel Design

Litigation Law

Since its founding, MacElree Harvey has been home to accomplished trial lawyers and litigation attorneys serving Southeastern Pennsylvania and Northern Delaware.

Our attorneys are widely respected for delivering strategic, efficient, and effective representation to a diverse range of clients — including individuals, families, small businesses, large corporations, professionals, and nonprofit organizations. 

We understand that legal disputes can be disruptive, stressful, and costly. Whether you are bringing a claim or defending against one, our goal is to help you navigate the process with confidence while working toward the most favorable outcome possible. 

Comprehensive Litigation Services 

Our civil litigation practice spans a broad range of disputes. We regularly represent clients in matters involving: 

  • Business and commercial disputes — breach of contract, shareholder and partnership disputes, business torts, unfair competition, fraud, and trade secret litigation 
  • Real estate litigation — property disputes, landlord/tenant issues, boundary disagreements, easement and zoning challenges, and construction litigation 
  • Estate and trust disputes — will contests, fiduciary duty claims, accounting disputes, and removal of executors or trustees 
  • Employment disputes — wrongful termination, wage and hour claims, restrictive covenant enforcement, and discrimination claims 
  • Professional liability defense — defending lawyers, accountants, medical providers, architects, and other licensed professionals 
  • Personal injury litigation — representing both plaintiffs and defendants in negligence and liability cases 
  • Construction disputes — involving contractors, developers, owners, and subcontractors over contracts, delays, or defects 
  • Nonprofit and charitable organization litigation — governance issues, fiduciary claims, and contract disputes 

Strategic, Specialized Representation 

While our litigation practice is broad, we also focus on specialized areas so clients with highly specific disputes are matched with the right attorney for their needs. This ensures: 

  • Deep knowledge of the legal issues in your industry or matter 
  • Efficient handling of complex procedural requirements 
  • Targeted strategies tailored to the facts and goals of your case 

Our trial lawyers combine in-depth knowledge of Pennsylvania and Delaware courts with creative problem-solving to protect our clients’ interests at every stage of a dispute. 

Our Approach to Litigation 

Every case begins with a thorough evaluation of the facts, applicable laws, and the client’s goals. We provide candid advice about case strengths and weaknesses, possible outcomes, and expected costs. Our approach is: 

  1. Proactive – Anticipating the other side’s strategy and preparing countermeasures early 
  1. Strategic – Choosing the forum, claims, and defenses that put clients in the strongest position 
  1. Flexible – Adjusting tactics as the case evolves, whether through settlement talks or trial preparation 
  1. Collaborative – Working with colleagues in tax, real estate, corporate, and employment law when cross-practice insight benefits the case 

Resolving Disputes — In and Out of Court 

We represent clients in state and federal court, before administrative agencies, and in alternative dispute resolution forums such as: 

  • Mediation – a confidential, non-binding process where a neutral mediator helps parties reach agreement 
  • Arbitration – a private process where a neutral arbitrator issues a binding decision 
  • Settlement negotiations – often leading to faster, more cost-effective outcomes 

While many disputes are resolved without trial, our attorneys are skilled litigators fully prepared to present your case before a judge or jury when it serves your best interests. 

Representative Strengths 

  • Decades of combined trial experience in Pennsylvania and Delaware courts 
  • Proven record in both plaintiff and defense cases 
  • Access to expert witnesses, forensic accountants, and industry specialists 
  • Ability to manage high-stakes, high-complexity cases with precision 
  • Commitment to clear communication and responsive client service 

FAQ: Litigation & Trial Law 

What is the difference between a trial lawyer and a litigation attorney? 
A litigation attorney handles all phases of a dispute, including investigation, pleadings, discovery, and pre-trial motions. A trial lawyer focuses on representing the client in court. At MacElree Harvey, many of our attorneys serve in both roles. 

Do I need a litigation attorney for a business dispute? 
Yes. Commercial disputes often involve complicated contracts, industry-specific regulations, and significant financial stakes. A litigation attorney ensures your interests are protected from the outset. 

Will my case go to trial? 
Not necessarily. Many disputes are resolved through settlement, mediation, or arbitration. We explore all available options for achieving your goals before going to trial. 

How long will my lawsuit take? 
It depends on the complexity of the case, court scheduling, and whether the matter is resolved before trial. Some cases conclude in months; others may take a year or more. 

What are the benefits of mediation? 
Mediation can save time and money, preserve relationships, and give the parties more control over the resolution compared to litigation. 

PRACTICE AREAS

Alternative Dispute Resolution

Banking & Finance Litigation

Commercial Litigation

Corporate Governance, Regulatory and Compliance (Self-Insured Corporate Defense)

Environmental Law

Insurance Coverage Disputes

Intellectual Property Litigation

Medical Malpractice

Product Liability

Professional Malpractice

Trademark & Trade Secret Litigation

Trust & Estate Litigation

ATTORNEYS

Patrick J. Boyer

Jeffrey P. Burke

Robert A. Burke

Marie I. Crossley

Caroline G. Donato

Brian J. Forgue

William J. Gallagher

Patrick J. Gallo, Jr.

J. Charles Gerbron, Jr.

Leo M. Gibbons

Frank W. Hosking III

Katherine A. Isard

Peter E. Kratsa

Michael G. Louis

John F. McKenna

Matthew M. McKeon

Lou Mincarelli

Brian L. Nagle

Lance J. Nelson

Timothy F. Rayne

Michael C. Rovito

Ashley B. Stitzer

Patrick L. Ware

OFFICES

Kennett Square, PA

West Chester, PA

ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Mediation and Arbitration
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Primary

Real Estate & Land Use Law

January 29, 2015 by Hoppel Design

Real Estate & Land Use Law

At MacElree Harvey, our real estate and land use attorneys represent builders, developers, investors, and landowners in a full range of property-related legal matters. Whether you are acquiring land, seeking zoning approval, developing a residential or commercial project, or facing an eminent domain proceeding, we provide the strategic guidance needed to protect your investment and move your project forward. 

Our clients include private landowners, entrepreneurial developers, and institutional investors. We advise on projects of all sizes. From small-scale residential subdivisions to large commercial, industrial, and mixed-use developments. Our experience spans: 

  • Shopping centers and retail developments 
  • Office buildings and business parks 
  • Apartment complexes and condominium conversions 
  • Industrial warehouses and manufacturing facilities 
  • Hotels, resorts, and hospitality projects 
  • Planned residential communities and housing developments 

Full-Service Real Estate & Land Use Counsel 

We guide clients through every stage of real estate development and land use planning, including: 

  • Real estate acquisition — drafting and negotiating purchase agreements, due diligence, and title review 
  • Subdivision & land development approvals — navigating local, county, and state requirements 
  • Zoning variances, special exceptions, and conditional use approvals 
  • Land use litigation & administrative proceedings — challenging or defending zoning board and municipal decisions 
  • Environmental compliance — advising on environmental regulations, remediation, and permitting 
  • Affordable housing development — securing incentives and meeting regulatory requirements 
  • Development agreements & contracts — drafting, negotiation, and enforcement 

Specialized Areas of Expertise 

Our team also handles: 

  • Urban redevelopment and revitalization projects 
  • Public-private partnerships 
  • Historic preservation and rehabilitation tax credits 
  • Water rights and permitting 
  • Easements, covenants, and servitudes 
  • Eminent domain and condemnation proceedings — representing property owners and municipalities 
  • Mechanics’ lien claims — prosecution and defense 
  • Tax assessment appeals & tax exemption applications 

Why Choose MacElree Harvey for Real Estate & Land Use Matters? 

  • Local insight — decades of experience with Pennsylvania and Delaware municipal regulations and approval processes 
  • Multi-disciplinary support — collaboration with our business, environmental, tax, and litigation attorneys for comprehensive service 
  • Proven results — successful representation of major commercial projects, residential communities, and complex redevelopment efforts 
  • Strategic advocacy — whether negotiating with municipalities, presenting before zoning boards, or litigating in court 

FAQ: Real Estate & Land Use Law 

What is the difference between zoning and land use? 
Zoning regulates how property can be used within specific geographic areas, while land use law addresses broader issues of property development, planning, and environmental compliance. 

What is eminent domain? 
Eminent domain allows the government to acquire private property for public use, but property owners are entitled to fair market compensation. 

Can I challenge a zoning decision? 
Yes. If a zoning board denies your variance or conditional use request, you may appeal to the courts or pursue alternative approval methods. 

What permits are needed for new construction? 
Requirements vary by municipality but often include zoning approval, subdivision or land development approval, building permits, and environmental permits. 

Do you handle tax assessment appeals? 
Yes. We represent property owners in challenging over-assessed property taxes and in applying for tax exemptions. 

Let our attorneys guide you through every phase of development, zoning, and land use planning. Contact MacElree Harvey Real Estate and Land Use Department today.

PRACTICE AREAS

Agriculture Law

Land Use Planning

Municipal Government and Regulation

Remediation

Urban Redevelopment and Historic Preservation

Zoning

ATTORNEYS

Mary Kay Gaver

J. Charles Gerbron, Jr.

Matthew M. McKeon

Brian L. Nagle

Patrick L. Ware

Natalie R. Young

OFFICES

Centreville, DE

Hockessin, DE

Kennett Square, PA

West Chester, PA

ARTICLES

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ALL PRACTICE AREAS

  • Banking & Finance Law
  • Business and Corporate Law
  • Criminal Defense Law
  • Employment Law
  • Estates & Trusts Law
  • Family Law
  • Litigation Law
  • Mediation and Arbitration
  • Personal Injury Law
  • Real Estate & Land Use Law
  • Tax Law

If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.

Filed Under: Primary

West Chester, PA

January 29, 2015 by Hoppel Design

Centreville, DE | Hockessin, DE | Kennett Square, PA | West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100

Get Directions

Attorneys

Joseph A. Bellinghieri

Joseph A. Bellinghieri

Patrick J. Boyer

Patrick J. Boyer

Krzysztof M. Bozentka

Krzysztof M. Bozentka

Jeffrey P. Burke

Jeffrey P. Burke

Robert A. Burke

Robert A. Burke

Matthew C. Cooper

Matthew C. Cooper

Pilar Diaz

Pilar Diaz

Harry J. DiDonato

Harry J. DiDonato

Photo of Caroline G. Donato.

Caroline G. Donato

Nicholas S. Eisel

Nicholas S. Eisel

Sally A. Farrell

Sally A. Farrell

Brian J. Forgue

Brian J. Forgue

William J. Gallagher

William J. Gallagher

Patrick J. Gallo, Jr.

Patrick J. Gallo, Jr.

Mary Kay Gaver

Mary Kay Gaver

J. Charles Gerbron, Jr.

J. Charles Gerbron, Jr.

Leo M. Gibbons

Leo M. Gibbons

Joseph P. Green, Jr.

Joseph P. Green, Jr.

Frank W. Hosking III

Frank W. Hosking III

Katherine A. Isard

Katherine A. Isard

J. Kurtis Kline

J. Kurtis Kline

Peter E. Kratsa

Peter E. Kratsa

Mary E. Lawrence

Mary E. Lawrence

Michael G. Louis

Michael G. Louis

John F. McKenna

John F. McKenna

Matthew M. McKeon

Matthew M. McKeon

Photo of the attorney listed on this page.

Lou Mincarelli

Brian L. Nagle

Brian L. Nagle

Lance J. Nelson

Lance J. Nelson

Timothy F. Rayne

Timothy F. Rayne

Michael C. Rovito

Michael C. Rovito

Duke Schneider

Duke Schneider

Andrew R. Silverman

Andrew R. Silverman

Ashley B. Stitzer

Ashley B. Stitzer

Patrick L. Ware

Patrick L. Ware

Photo of the attorney listed on this page.

Natalie R. Young

Practice Areas

Banking & Finance Law

Business and Corporate Law

Commercial Litigation

Criminal Defense

Employment Law

Estates & Trusts Law

Family Law

Litigation Law

Mediation and Arbitration

Personal Injury Law

Real Estate

Real Estate & Land Use Law

Tax Law

Trust & Estate Litigation

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(610) 436-0100

LEGAL SERVICES

  • Banking & Finance Law
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ABOUT US

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OFFICES

Centreville, DE

5721 Kennett Pike
Wilmington, DE 19807
302-654-4454
Learn More

Hockessin, DE

724 Yorklyn Rd #100
Hockessin, DE 19707
302-239-3700
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Kennett Square, PA

209 East State Street Road
Kennett Square, PA 19348
610-444-3180
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West Chester, PA

17 West Miner Street
West Chester, PA 19382
610-436-0100
Learn More

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