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Matthew McKeon

Zoning Relief: Not a DIY Project

April 28, 2023 by MacElree Harvey, Ltd. Leave a Comment

By Matthew M. McKeon

You were just informed by your municipality that you need zoning relief for your project. You’re intelligent, accomplished in your trade or profession, and a “DIY” (Do it Yourself) person to boot. So when it comes to that zoning variance (or special exception, or conditional use, etc.), why wouldn’t you simply represent yourself before the zoning hearing board or any other municipal body? Afterall, it’s not like you’re in court – right?

This reasoning – while perfectly understandable – is wrong, and leads to property owners not obtaining the municipal approval they require for their project.

It makes sense why many property owners think they don’t require a land use/zoning attorney to get the relief they need. Hearings before zoning hearing boards and even governing bodies can seem very informal compared to that of a court. Rather than staring up at a stern-looking, be-robed judge, you may find yourself sitting across from three to five people who you may know personally. The members of the municipal body might be dressed in anything from a business suit to basketball shorts.

However, there is nothing informal about the powers of the municipal body as to your application for relief. By statute, zoning hearing boards (in the case of variances and special exceptions) and the governing body (in the case of conditional uses) have the power to make findings of fact and conclusions of law – in other words, they occupy the same role as a trial court. The Court of Common Pleas hears appeals from the decisions of local municipal bodies, and in most cases the court does not take additional evidence. In other words, your first and best opportunity to obtain the necessary zoning relief is before your municipal body.

Additionally, there are specific legal burdens and criteria which applicants before municipal bodies are required to meet. Many property owners applying for relief without an attorney represent themselves with “common sense” arguments for why they should have zoning relief such as a variance, special exception, or conditional use. However, these efforts almost always fail because the municipal body is actually looking to see if an applicant complies with specific, multi-part requirements for these types of relief which are set by local ordinance and Pennsylvania statute.  

Even applicants who read the text of the local ordinance’s requirements will not receive the full context of their meaning – and not through any fault of their own. The text of these specific requirements are often vague and in many cases have only been given meaning by hundreds of precedential decisions by Pennsylvania appellate courts. The solicitor (the attorney who advises the board you will be before, and who will be present at the hearing) will be well-versed in the meaning of these requirements and will advise their municipal body accordingly. Any applicant for relief should have counsel who similarly understands how relief requirements are interpreted and how to establish that you have met them.

If you have questions about your rights concerning your property lines or other land use or zoning issues, you may contact Matthew McKeon at [email protected], or by telephone at 610-840-0225. This article provides a general overview of the law. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

Filed Under: Articles by Our Attorneys Tagged With: Matthew McKeon

23 Attorneys Named as Main Line Today Top Lawyers 2022

August 26, 2022 by MacElree Harvey, Ltd.

August 26, 2022 – MacElree Harvey, Ltd. is proud to announce that 23 attorneys were named 2022 Top Lawyers by Main Line Today magazine. 

Main Line Today is a regional lifestyle magazine, serving Pennsylvania’s Western Suburbs. Each year, lawyers from the Main Line and western suburbs nominate their colleagues in 25 categories, then those nominations are vetted through Main Line Today’s editorial process to compile the area’s top lawyers.

Congratulations to MacElree Harvey’s 2022 winners:

Joseph Bellinghieri – Tax Law, Estate, Probate and Tax

Jeffrey Burke – Employment Law

Robert Burke – Civil Litigation

Matthew Cooper – Business

Harry DiDonato – Business

Caroline Donato – Criminal Law

Lindsay Dunn – Municipal Law

Brian Forgue – Civil Litigation

Patrick Gallo – Civil Litigation

Charles Gerbron, Jr. – Municipal Law

Leo Gibbons – Banking + Finance

Alfred Gollatz – Alternative Dispute + Resolution

Peter Kratsa – Criminal Law

Michael Louis – Banking and Finance

Matthew McKeon – Real Estate

Brian Nagle – Real Estate

Lance Nelson – Divorce + Family Law

Timothy Rayne – Personal Injury

Duke Schneider – Estate, Probate and Tax

Tiffany Shrenk – Personal Injury

Andrew Silverman – Business

Ashley Stitzer – Divorce + Family Law

Louis Teti – Estate, Probate and Tax

Filed Under: News Tagged With: Alfred Gollatz, Andrew Silverman, Ashley Stitzer, Brian Forgue, Brian Nagle, Caroline Donato, Charles Gerbron Jr., Duke Schneider, Harry DiDonato, Jeffrey Burke, Joseph Bellinghieri, Lance Nelson, Leo Gibbons, Lindsay Dunn, Louis Teti, Matthew Cooper, Matthew McKeon, Michael Louis, Patrick Gallo, Peter Kratsa, Robert Burke, Tiffany Shrenk, Timothy Rayne

18 MacElree Harvey Attorneys Recognized as Super Lawyers® & Rising Stars 2022

June 8, 2022 by MacElree Harvey, Ltd.

June 8, 2022 – We are pleased to announce that 18 of our attorneys were recognized on the Super Lawyers® and Rising Stars® list for 2022.

Each year, the research team at Super Lawyers, a Thomson Reuters rating service and publication, selects outstanding lawyers from more than 70 practice areas through a rigorous, multi‐phase process that includes:

  • a statewide survey of lawyers
  • an independent evaluation of candidates by the attorney-led research staff
  • a peer review of candidates by practice area
  • a good-standing and disciplinary check

Candidates are evaluated on 12 indicators of peer recognition and professional achievement, including verdicts and settlements; honors and awards; special licenses and certifications; pro bono and community service efforts; and scholarly lectures and writings.

The ultimate objective of Super Lawyers is to create a credible, comprehensive and diverse list of outstanding attorneys that can be used as a resource for other practitioners and consumers searching for legal counsel.

Approximately 5% of the Pennsylvania Bar received the distinction.

MacElree Harvey attorneys who were named to the 2022 Pennsylvania Super Lawyers list are:

  • Joseph A. Bellinghieri– Estate & Probate
  • Robert A. Burke– Business Litigation
  • Harry J. DiDonato– Business/Corporate Law
  • William J. Gallagher– GeneraI Litigation
  • J. Charles Gerbron, Jr. – Land Use & Zoning
  • Peter E. Kratsa– Criminal Defense
  • Michael G. Louis – Business Litigation
  • Brian L. Nagle– Land Use/Zoning
  • Lance J. Nelson– Family Law
  • Timothy F. Rayne– Plaintiff Personal Injury
  • Louis N. Teti– Estate & Probate

The 2022 Pennsylvania Rising Stars list recognizes attorneys who are 40 years old or younger or who have been practicing law for 10 years or less. Approximately 2.5% of the Pennsylvania Bar received the distinction.

MacElree Harvey attorneys who were named to the 2022 Pennsylvania Rising Stars list are:

  • Caroline G. Donato– Criminal Defense
  • Brian J. Forgue– Business Litigation
  • Patrick J. Gallo, Jr.– Business Litigation
  • Matthew McKeon – Land Use & Zoning
  • Andrew R. Silverman– Business/Corporate Law
  • Felix S. Yelin – Civil Litigation

In addition, Tim Rayne has been included by Super Lawyers as a 2022 Top 100 Attorneys in Pennsylvania. The Top 100 list is based on those attorneys who obtained the highest points totals in the 2022 Pennsylvania Super Lawyers multi-phase nomination, research, and review process.

“While ultimately we care more about providing quality representation and value to clients,” said CEO Michelle Foster, “…it’s always nice to have our attorneys recognized for excellence by their peers. The honor reflects the high level of respect our attorneys have earned in the legal community for their legal ability, professionalism and integrity.”

Learn more about our selected Super Lawyers®:

PETER E. KRATSA

Top Rated Criminal Defense Attorney in West Chester, PA

Selected to Super Lawyers: 2021 – 2022

Licensed in Pennsylvania Since: 1993

Practice Areas: Criminal Defense, Criminal Defense: White Collar

BRIAN L. NAGLE

Top Rated Land Use & Zoning Attorney in West Chester, PA

Selected to Super Lawyers: 2013 – 2022

Selected to Rising Stars: 2008, 2010 – 2012

Licensed in Pennsylvania Since: 2001

Practice Areas: Land Use/Zoning, Business/Corporate, Real Estate: Business

TIMOTHY F. RAYNE (Top 100)

Top Rated Personal Injury Attorney in Kennett Square, PA

Selected to Super Lawyers: 2009 – 2022

Licensed in Pennsylvania Since: 1995

Practice Areas: Personal Injury – General: Plaintiff

 

JOSEPH A. BELLINGHIERI

Top Rated Estate Planning & Probate Attorney in West Chester, PA

Selected to Super Lawyers: 2020 – 2022

Licensed in Pennsylvania Since: 1991

Practice Areas: Estate Planning & Probate, Tax: Consumer, Business/Corporate

PATRICK BOYER

Top Rated Family Law Attorney in Centerville, DE

Selected to Rising Stars: 2021 – 2022

Licensed in Delaware Since: 2013

Practice Areas: Family Law

ROBERT A. BURKE

Top Rated Business Litigation Attorney in West Chester, PA

Selected to Super Lawyers: 2015 – 2022

Licensed in Pennsylvania Since: 1990

Practice Areas: Business Litigation, Estate & Trust Litigation, General Litigation

HARRY J. DIDONATO

Top Rated Business & Corporate Attorney in West Chester, PA

Selected to Super Lawyers: 2008, 2012 – 2022

Selected to Rising Stars: 2005

Licensed in Pennsylvania Since: 1990

Practice Areas: Business/Corporate, Real Estate: Business, Tax: Business

CAROLINE G. DONATO

Top Rated Criminal Defense Attorney in West Chester, PA

Selected to Rising Stars: 2018 – 2022

Licensed in Pennsylvania Since: 2014

Practice Areas: Criminal Defense, Criminal Defense: DUI/DWI, Criminal Defense: White Collar, Administrative Law, Appellate

BRIAN J. FORGUE

Top Rated Business Litigation Attorney in West Chester, PA

Selected to Rising Stars: 2018 – 2022

Licensed in Pennsylvania Since: 2016

Practice Areas: Business Litigation

WILLIAM J. GALLAGHER

Top Rated General Litigation Attorney in West Chester, PA

Selected to Super Lawyers: 2010 – 2022

Licensed in Pennsylvania Since: 1963

Practice Areas: General Litigation

PATRICK J. GALLO, JR.

Top Rated Business Litigation Attorney in West Chester, PA

Selected to Rising Stars: 2015 – 2022

Licensed in Pennsylvania Since: 2013

Practice Areas: Business Litigation, Construction Litigation: Business, Civil Litigation: Plaintiff, Construction Litigation: Consumer

J. CHARLES GERBRON, JR.

Top Rated Land Use & Zoning Attorney in West Chester, PA

Selected to Super Lawyers: 2022

Selected to Rising Stars: 2013 – 2015, 2017 – 2020

Licensed in Pennsylvania Since: 2008

Practice Areas: Land Use/Zoning, Business Litigation, Construction Litigation: Business, Real Estate: Business

MICHAEL G. LOUIS

Top Rated Business Litigation Attorney in West Chester, PA

Selected to Super Lawyers: 2022

Licensed in Pennsylvania Since: 1980

Practice Areas: Business Litigation

MATTHEW MCKEON

Top Rated Land Use & Zoning Attorney in West Chester, PA

Selected to Rising Stars: 2022

Licensed in Pennsylvania Since: 2014

Practice Areas: Land Use/Zoning

LANCE J. NELSON

Top Rated Family Law Attorney in West Chester, PA

Selected to Super Lawyers: 2010 – 2012, 2014 – 2022

Licensed in Pennsylvania Since: 1991

Practice Areas: Family Law

ANDREW R. SILVERMAN

Top Rated Business & Corporate Attorney in West Chester, PA

Selected to Rising Stars: 2017 – 2022

Licensed in Pennsylvania Since: 2010

Practice Areas: Business/Corporate, Mergers & Acquisitions, Business Litigation

LOUIS N. TETI

Top Rated Estate Planning & Probate Attorney in West Chester, PA

Selected to Super Lawyers: 2005 – 2022

Licensed in Pennsylvania Since: 1976

Practice Areas: Estate Planning & Probate, Business/Corporate, Estate & Trust Litigation

FELIX S. YELIN

Top Rated Civil Litigation Attorney in West Chester, PA

Selected to Rising Stars: 2018, 2020 – 2022

Licensed in Pennsylvania Since: 2010

Practice Areas: Civil Litigation: Defense, Civil Litigation: Plaintiff

Filed Under: News Tagged With: Andrew R. Silverman, Brian J. Forgue, Brian L. Nagle, Caroline G. Donato, Felix S. Yelin, Harry J. DiDonato, J. Charles Gerbron Jr., Joseph A. Bellinghieri, Lance J. Nelson, Louis N. Teti, Matthew McKeon, Michael G. Louis, Patrick J. Gallo Jr., Peter E. Kratsa, Robert A. Burke, Timothy F. Rayne, William J. Gallagher

Main Line Today Named 24 MacElree Attorneys as Top Lawyers 2021

August 23, 2021 by MacElree Harvey, Ltd.

August 23 2021 – MacElree Harvey, Ltd. is proud to announce that 24 attorneys were named 2019 Top Lawyers by Main Line Today magazine. Main Line Today is a regional lifestyle magazine, serving Pennsylvania’s Western Suburbs. Each year attorneys are nominated via peer balloting, then vetted through Main Line Today’s editorial process.

Below are the MacElree Harvey attorneys named 2021 Top Lawyers in their respective areas of practice. Two attorneys, Patrick J. Gallo, Jr. and Timothy Rayne, were ranked number one in their practice area.

  • Joseph Bellenghiri – Estate, Probate & Tax
  • Jeffrey Burke – Employment
  • Robert Burke – Commercial Law
  • Harry DiDonato – Business Law
  • Caroline Donato – Criminal Law
  • Lindsey Dunn – Municipal
  • Adesewa Egunsola – Divorce & Family
  • Brian Forgue – Civil Litigation
  • Patrick Gallo – (#1) Civil Litigation
  • J. Charles Gerbron Jr. – Municipal
  • Leo Gibbons – Alternative Dispute & Resolution
  • Peter Kratsa – Criminal Law
  • Michael Louis – Commercial Law
  • Kristen Matthews – Elder
  • Matthew McKeon – Real Estate
  • Brian Nagle – Real Estate
  • Lance Nelson – Divorce & Family
  • Stephen Porter – Estate, Probate & Tax
  • Timothy Rayne – (#1) Civil Litigation
  • Duke Schneider – Estate, Probate & Tax
  • Tiffany Shrenk – Personal Injury
  • Andrew Silverman – Business Law
  • Ashley Stitzer – Divorce & Family
  • Louis Teti – Estate, Probate & Tax

Congratulations to this years’ Top Lawyers.

To view the Main Line Today magazine online edition, click here.


About MacElree Harvey

With roots that reach back to 1880, MacElree Harvey is a full-service law firm serving clients from offices in Pennsylvania and Delaware. In addition to its broad-based litigation practices, the firm represents clients in corporate law, mergers & acquisitions, labor and employment, real estate, banking & finance, bankruptcy, family law, estate planning, tax law, personal injury, and criminal defense. Follow us on social @MacElreeHarveyLaw.

Filed Under: News Tagged With: Adesewa Egunsola, Andrew Silverman, Ashley Stitzer, Brian Forgue, Brian Nagle, Caroline Donato, Duke Schneider, Harry DiDonato, J. Charles Gerbron Jr., Jeffrey Burke, Joseph Bellenghiri, Kristen Matthews, Lance Nelson, Leo Gibbons, Lindsey Dunn, Louis Teti, Matthew McKeon, Michael Louis, Patrick Gallo, Peter Kratsa, Robert Burke, Stephen Porter, Tiffany Shrenk, Timothy Rayne

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