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5 Questions to Ask Before Hiring a PA Construction Lawyer

Posted on March 18, 2016 by bwadmin

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If you’ve worked in the construction industry in Pennsylvania for any significant length of time, you’re no doubt aware of how complicated even a simple construction project can be. You’ll likely need to draw up contracts or legal documents of some sort, and you’ll certainly need to make sure you’re pulling the proper permits. Depending on the district in which your job is taking place, you may have to bring yourself up-to-date on local environmental regulations, or even organize a town hall-style meeting.

It’s more work than one person can do, and what’s more, it’s work that has to be completed error-free. Assuming you manage to find a properly trained lawyer who isn’t new to local construction or commercial real estate regulations, a Pennsylvania construction lawyer can easily earn their fee many times over.

But how do you know if the PA construction lawyer you’re considering is an expert in the field, as opposed to a jack-of-all-trades lawyer who doesn’t know the difference between change order impacts and performance bonds? We suggest you start by asking each of the questions below.

Eminent Domain, Carefully Exercised, Can Save a Private Development Project

Posted on March 17, 2015 by bwadmin

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What happens when a developer needs additional land that it does not control to construct an access way in order to reach an arterial highway to make its planned shopping center a reality? The answer, obviously, is to buy an easement from the private property owner.

But what happens if the private property owner refuses to sell to the developer, or demands a price that is so unreasonable that it amounts to holding the project hostage? The answer to this common problem can be condemnation. The problem is that developers do not possess the power of eminent domain. Only the government can exercise that power and only if the purpose is for the public benefit.

This problem presented itself not long ago to the developer of Valley Gate, a mixed use, commercial development now under construction in Warrington Township. William Benner served as the developer’s land use attorney. Although the property planned for the project had frontage along a major arterial highway, municipal officials insisted that the project needed another access point to another public street. The problem was that separating the developer’s land from that street in question was a narrow strip of land owned by a private party who showed no interest in selling to a competitor.

William Benner succeeded in satisfying Township concerns that it did, indeed, possess the power to condemn a small strip of land even though superficially it appeared that the beneficiary of the condemnation was a private developer. Relying upon Appeal of Heim, and Appeal of Pine Township, that hold that a Township may exercise its eminent domain power to create a public road across privately-owned property even if a private entity – the developer – benefits as a result.

Benner and Wild Successful in Zoning Change Petition

Posted on March 4, 2015 by bwadmin

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During the last week of February, Edward M. Wild successfully represented Green Tree Group Contracting during its petition to change the zoning on two parcels in New Britain Borough.

Wild presented the zoning change to New Britain Borough Council on February 24, 2015, before a packed audience of neighbors who opposed the change.

Throughout several appearances before Borough Council, Wild presented the benefits that the change in zoning could bring to New Britain Borough, including the removal of a nonconforming use in a residential neighborhood, the tax benefits, and various other economic benefits.

Benner and Wild Prevail For Rainbow Ridge Equestrian Center In Zoning Appeal Battle

Posted on December 24, 2013 by bwadmin

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On December 9, 2013 The Pennsylvania Commonwealth Court reversed decisions of the Bedminster Township Building Code of Appeals Board and the Bucks County Court of Common Pleas and found that Rainbow Ridge Equestrian Center’s proposed barn with an area for exercising horses required no building permit. The Court adopted Benner and Wild’s position that an agricultural building may be both agricultural and commercial and remain exempt from permit requirements.

Zoning Appeals, Land Use, Legal Services

Benner and Wild Prevail in Zoning Appeal

Edward M. Wild, Esquire, a partner at Benner and Wild Attorneys at Law who has represented developers, national and local businesses and property owners involved in zoning appeals and disputes, successfully argued to the Commonwealth Court that a barn building that has commercial attributes can maintain its status as an agricultural building so long as access to some members of the public is regulated through restrictions that included gates and locked key pads and the members of the public had contracts with Rainbow Ridge. Attorney Wild convinced the Court that the partially constructed barn would not be open to the public any more than a private residence is open to the public. Read more about Benner and Wild Prevail For Rainbow Ridge Equestrian Center In Zoning Appeal Battle →

Gavin Laboski: Recent Real Estate Representation in Warminster

Posted on March 30, 2012 by bwadmin

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Recently, Gavin Laboski represented a local, family-owned manufacturing company in its purchase of a new facility in Warminster, Pennsylvania.

Gavin represented the buyers from the preparation of the agreement of sale through the environmental and due diligence process, assisted in the financing and at settlement. The new facility will allow our clients to continue to expand their business and provide new jobs in Bucks County. The purchase was financed through the Pennsylvania Industrial Development Authority and private lending. Benner and Wild is always excited to be a part of our client’s success.

In February 2012, Gavin represented a party in a real estate development dispute. The matter proceeded to trial only to result in a settlement favorable to Gavin’s clients minutes before testimony began.

If you need real estate representation in Doylestown PA, the attorneys at Benner & Wild have over 80 years’ worth of experience in all manner of real estate representation. Contact us today to speak with an attorney about your case.

Edward Wild: Land Development & Real Estate Representation News

Posted on March 30, 2012 by bwadmin

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Edward M Wild

Edward M. Wild represented the Beans Family Partnership before Plumstead Township in March, 2012 resulting in Plumstead Township’s approval of land development plans to redevelop a commercial tract on North Easton Road in Doylestown.

The 9 acre site is now approved for two separate automobile dealership facilities. The approved plans include additional showrooms and service areas as well as substantial additional storage and automobile display areas.

Earlier Ed had secured Zoning Hearing Board approval to allow three separate commercial lots to be developed for retail and commercial occupancy at the site. Based on the most recent approved plans, earlier approvals will be withdrawn.

Also in late February 2012, Discovery House Inc., a national provider of methadone treatment services, secured its remaining inspection approvals for its location at 2755 Philmont Avenue in Lower Moreland Township. In 2011, the Lower Moreland Township Zoning Hearing Board sustained the appeal of neighbors opposed to a methadone clinic where Lower Moreland had issued permits for a use the Zoning Officer designated as professional offices.