Land Use Law

Brian L. Nagle

February 5, 2015 by Hoppel Design

Brian L. Nagle

Partner – Land Use

Brian heads the firm’s Land Use and Zoning group. He represents developers, entrepreneurs, institutions, and individuals in land use and zoning matters, as well as tax assessment appeals and related litigation.

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Previously, he worked in the solicitor role for a number of municipalities. As a result, he has extensive knowledge and experience in managing matters at the municipal and state government levels.

Since 2013, Brian has been consistently selected to the Pennsylvania Super Lawyers list published by Super Lawyers Magazine. Only five percent of lawyers in Pennsylvania are recognized on this annual list, which is based upon a multi-phase rating process of peer nominations and evaluations, combined with third-party research. In addition, Main Line Today magazine recognized Brian as a Top Lawyer and he was selected by his peers for inclusion in the 2020 edition of The Best Lawyers in America^© in the field of Land Use and Zoning Law.

Notable Representations

Successfully represented a commercial developer in all phases of the development of a multi-unit office building including: 1) property acquisition/agreement of sale negotiation, due diligence, financing and settlement; 2) obtained conditional use and land development approvals for the office building; 3) worked through environmental issues with the Pennsylvania Department of Environmental Protection and the local conservation district; 4) represented the same client in the creation of an office condominium for the project.
Successfully represented a client in obtaining numerous variances followed by conditional use and land development approvals for the construction of a bank.
Successfully represented non-profit corporations in seeking and obtaining real estate tax exemptions.
Successfully represented commercial and residential clients in real estate tax assessment appeals.
Successfully represented clients in a real estate seller’s disclosure law case.
Successfully represented clients in seeking and achieving the striking of mechanic’s liens.
Successfully represented clients in addressing complex zoning and other municipal issues.
Successfully represented many individuals in buying and selling commercial or residential real estate.

Memberships

Chester County Bar Association, Member, Board of Directors; Public Outreach Committee Chair
Chester County Bar Foundation, Vice President; Chair of the Golf Fundraising Committee
Chester County 20/20, Board Member
Transportation Management Association of Chester County

Community Involvement

Handi-Crafters Inc., Board Member, President
Uptown! Entertainment Alliance, Former Board Member
St. Agnes Catholic Church, Member of Parish Council For Pastoral Planning
CYO Basketball Coach
West Side Little League Baseball Coach
Community Guardian MacElree Harvey Sets Up Armory’s Second Act

Speaking Engagements

Recent lecturer and panelists at Widener University School of Law and the Polley Associates Real Estate School

PRACTICE AREAS

Agriculture Law

Commercial Litigation

Environmental Law

Land Use Planning

Litigation Law

Municipal Government and Regulation

Real Estate

Real Estate & Land Use Law

Remediation

Urban Redevelopment and Historic Preservation

Zoning

OFFICES

West Chester, PA

ADMISSIONS

Pennsylvania
United States Court of Appeals for the Third Circuit
United States District Court for the Eastern District of Pennsylvania

EDUCATION

Widener University School of Law
The Catholic University of America
Anthropology

ARTICLES

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IN THE NEWS

Judge Lou Mincarelli’s Reappointment Celebrated at Swearing-In Ceremony with Remarks from Partner Brian L. Nagle

MacElree Harvey’s Brian Nagle Elected President of the Chester County Bar Association 2023

12 MacElree Harvey Attorneys Named as Best Lawyers® 2023

15 MacElree Harvey Attorneys Named to Prestigious 2020 Super Lawyers/Rising Stars List

AWARDS

J. Charles Gerbron, Jr.

February 5, 2015 by Hoppel Design

J. Charles Gerbron, Jr.

Partner – Land Use and Litigation

J. Charles Gerbron, Jr. is a dynamic attorney who represents businesses, developers, non-profits, and individuals on a variety of litigation, corporate, and land use-related matters.

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J. Charles Gerbron, Jr. is a dynamic attorney who represents businesses, developers, non-profits, and individuals on a variety of litigation, corporate, and land use-related matters. As a trial attorney, Charlie is an experienced practitioner and skilled courtroom advocate who has successfully represented clients in the courts of common pleas of Chester, Philadelphia, Montgomery, Delaware, Bucks, and Berks County, as well as in Federal Court. His trial litigation practice regularly involves corporate litigation, complex commercial litigation, land use litigation, real estate litigation, and construction litigation, among other practice areas.

As a zoning and land use attorney, Charlie regularly represents clients before municipal boards of supervisors/commissioners, planning commissions, and zoning hearing boards. He is frequently retained by developers, businesses, non-profits, and individuals to assist them in obtaining approvals, relief under applicable zoning and land development ordinances, and challenging the validity of zoning ordinances on procedural and substantive grounds.

Charlie’s appellate practice is focused primarily on land use, zoning, corporate, complex commercial, real estate, and construction-related litigation in Pennsylvania’s Commonwealth Court, Superior Court, and Supreme Court. His experience, expertise, and enthusiasm for the practice area make him a formidable appellate advocate.

Charlie joined MacElree Harvey in 2012 and was elected partner in 2018. Before joining MacElree Harvey, Charlie served as an appellate prosecutor in the Philadelphia District Attorney’s Office, where he gained extensive experience litigating before the Pennsylvania Superior and Supreme courts. Charlie has also litigated civil rights and labor and employment matters in the federal courts.

Notable Representations

Zoning & Land Use Litigation

Successfully represented a developer in challenging the procedural validity of an amendment to a zoning ordinance.
Successfully represented a developer in obtaining the necessary zoning and land development approvals for a 55+ community.
Successfully represented an independent school in obtaining zoning and land development approvals for a new STEM/STEAM center and outdoor instruction area.
Successfully represented a large agricultural supply company in obtaining extensive zoning relief to construct a cutting-edge composting operation.
Successfully represented a biotech firm that produces and distributes environmentally friendly products in obtaining a variance under local zoning ordinances to construct a critical addition to the facility.

Charlie also regularly leads representations involving variances, special exceptions, conditional uses, zoning officer determinations and notices of violation, development rights, conservation easements and other zoning and land use related matters.

Construction Litigation

Successfully represented a large electrical subcontractor in a multi-claim, multi-action dispute with the owner and general contractor of a multi-million dollar casino project.
Successfully represented a developer-owner in a multi-million dollar mechanics’ lien and breach of contract dispute.
Successfully litigated construction defect disputes on behalf of general contractors, subcontractors, and owners.
Successfully represented a builder-developer against allegations of defective stormwater management facilities.
Successfully represented an owner in a dispute over charges pursuant to a commercial construction agreement.

Charlie also regularly leads representations concerning construction defects, payment disputes, mechnics liens, and subcontractor-contractor disputes.

Corporate Litigation

Successfully represented a managing member in a dispute among members of a limited liability company.
Successfully represented a corporation following a books and records demand.
Successfully litigated a partnership dispute.
Successfully represented a minority shareholder in a “freeze-out” dispute.
Successfully represented a construction material supplier in a shareholder dispute.

Real Estate Litigation

Successfully represented a builder-developer in a dispute with a bank concerning a multi-million suburban development.
Successfully represented a landowner in obtaining an injunction to ensure continued access to property after threats by an adjacent landowner to block access.
Successfully represented a general contractor in an easement and boundary dispute with an adjacent landowner.
Successfully represented a homeowners’ association in a dispute with an association member involving violations of restrictive covenants and claims under the Fair Housing Act.
Successfully represented a homeowner in a dispute with a homeowners’ association motivated by bias as demonstrated by selective enforcements of restrictive covenants.

Charlie also regularly leads representations involving easements, boundary disputes, adverse possession and prescriptive easement claims, agreement of sale termination and deposit disputes, claims of misrepresentation or non-disclosure in the sale of real property, homeowners’ association disputes, and stormwater litigation.

Complex Commercial Litigation

Successfully represented a financier involved a loan-procurement dispute that included allegations of fraud, misrepresentation, and deceptive acts.
Successfully represented a food service provider in a complex breach of contract dispute.
Successfully represented a produce cooperative in a contract and payment dispute with members.
Successfully represented a produce grower involved in a complex contractual dispute with a partner-grower and produce purchaser.
Successfully represented a produce grower involved in a payment dispute with a produce purchaser implicating the Perishable Agricultural Commodities Act (PACA).