News

CDC Issues New Eviction Moratorium, Limitations Apply

access_time Posted on: August 4th, 2021

The National Eviction Moratorium imposed by the Center for Disease Control in its September 4, 2020 Order expired as of July 31, 2021.  That Order provided protection from eviction for the nonpayment of rent to residential tenants, if they complied with the Order’s requirements.  On the evening of August 3, 2021, a new Order was issued by the CDC affecting residential evictions. The New Order is in effect until October 3, 2021 and applies to residential properties in counties that have a heightened level of community transmission of COVID-19 and the Delta variant. CDC data on transmission rates can be… read more »

Going Solar — The Future of Solar Power in PA

access_time Posted on: August 4th, 2021

Municipal Planning for the Coming Solar ExpansionWhile PA’s solar power industry is rapidly growing, government regulation of solar power remains in its infancy. Pennsylvania currently has no state laws or regulations for solar arrays. This leaves local municipalities as the first line of regulation for solar collection systems. The following are just a few of the important issues for municipalities to keep in mind as they attempt to provide appropriate regulation of solar facilities.Use a good definition. Municipalities should be forward-looking in defining solar use to control ancillary uses and construction such as storage and distribution of energy. An increasing amount of solar array… read more »

Knock It Off! Best Practices and Pitfalls When Adopting Noise Ordinances

access_time Posted on: July 30th, 2021

Whether it’s a case of an incessantly barking dog or an over-enthusiastic DIY warrior running power tools at midnight, most municipalities could use a carefully constructed noise ordinance from time to time. A well-written ordinance is clear, targeted, and most importantly, enforceable. An effective noise ordinance should be clear and understandable to the average person. A municipality is well within its authority to adopt a noise ordinance. Under Pennsylvania law, municipalities have the authority  “[t]o make regulations as may be necessary for the health, safety, morals, general welfare and cleanliness and beauty, convenience, comfort and safety of the borough.” (8… read more »

Family Law Seminar: Divorce, Child Custody, and Support

access_time Posted on: July 29th, 2021

Join us in-person for this Leadership Luncheon presented at the York County Economic Alliance. This seminar will provide a basic overview of Family Law topics, including divorce, child custody, and support. There will also be a review of different court procedures that parties go through when the parties cannot reach an agreement on these issues. Family Law Attorneys Richard Konkel and Tom O’Shea will be presenting this seminar. Richard has 25 years of Family Law experience and Tom has 30 years and is the Chair of the Family Law Department.Registration & Lunch at 11:45 a.m.Program begins at 12:00 p.m.Register now to… read more »

Going Solar — The Impact of Solar Power on You and Your Community

access_time Posted on: July 28th, 2021

Negotiating the Right Lease York and Adams Counties are among Pennsylvania’s leaders in proposed solar production; between them, over 5,000 acres are currently targeted for solar project development, with more on the way. Landowners should be wary when preparing to enter into a long-term solar lease for their valuable land and resources. When dealing with solar energy companies, it is critical to seek sound legal advice to assure success and avoid poor decision-making. The following are just a few issues in solar leasing which require careful consideration and experienced legal assistance: Get the right terms. Solar leases generally cover twenty to fifty years. In such a long… read more »

Going Solar — The Future of Solar Power in PA

access_time Posted on: July 19th, 2021

Solar energy generation is here in Pennsylvania, and it is growing. Currently, developers in PA have over 370 solar projects in process, requiring 60,000 to 80,000 acres of land for solar generation. The Commonwealth’s PULSE program, recently announced as part of Governor Wolf’s GreenGov initiative to advance renewable power, is the largest solar commitment by any government in the U.S. to date and proposes to generate fifty percent of the State Government’s electricity needs. The PULSE ProgramThe PULSE program will be powered by seven solar arrays constructed in six central PA counties including York and Adams Counties. York and Adams Counties… read more »

Sunshine Act Amendment

access_time Posted on: July 14th, 2021

The Sunshine Act was amended by Act 65 of 2021 providing new requirements for publishing and posting public meeting agendas and new restrictions on when public bodies may vote on at meetings on matters not listed in the published agenda. These Amendments to the Sunshine Act are effective August 29, 2021.The agenda is required to contain a listing of each matter of agency business that will be or may be the subject of or deliberation of or official action at the meeting.All government agencies, including but not limited to Counties, Townships, Boroughs, and Authorities, that have a publicly accessible website are… read more »

Recognizing CGA Founding Partner Gary M. Gilbert

access_time Posted on: July 13th, 2021

Gary M. Gilbert is a founding partner of CGA Law Firm and has been practicing law for 59 years. Based on his education and personal experiences, Gary is skilled in dealing with business matters. Through his participation on numerous boards, he developed a keen understanding of how business owners think and how to meet their needs. Gary is particularly experienced in business sales and transfers and succession planning. He believes his success hinges on his ability to be a trusted advisor. Gary’s ClientsMany of Gary’s clients are family-owned and closely-held businesses. He works with them to ensure optimum terms for the transfer… read more »

CDC Residential Eviction Moratorium Extended to July 31st

access_time Posted on: July 1st, 2021

On June 24, 2021, the Director of the Center for Disease Control (CDC) issued an Order providing a final 30-day extension to the residential eviction moratorium through July 31, 2021.  The Director’s Order indicates that this is intended to be the final extension. As before, the moratorium applies ONLY to eviction due to nonpayment of rent for residential properties.  Evictions based upon breaches of the lease that do not involve nonpayment of rent may proceed. Evictions for the following reasons are specifically allowed to proceed: Engaging in criminal activity while on the premises;Threatening the health or safety of other residents;Damaging… read more »

Free Speech in Schools

access_time Posted on: June 30th, 2021

Post Mahanoy Update Considering disciplining a student for off-campus speech? Proceed with caution, the Supreme Court says. The Court held 8-1 in Mahanoy Area School District v. B.L. that because the interests of the school in regulating the particular speech in question were diminished given their content and off-campus setting, the student’s one-year suspension from the cheerleading squad was a violation of her First Amendment rights.  A Limited but Significant Holding Rather than a bright-line rule prohibiting regulation of off-campus speech, the Supreme Court sided with the plaintiff largely based on its long-lasting precedent in Tinker v. Des Moines (1969), which limits regulation on most school speech… read more »