Bureau of Liquor Control Enforcement v. Wood Brothers Bar (Cwlth. July 15, 2021)

Pennsylvania State Police, Bureau of Liquor Control Enforcement v. Wood Brothers Bar, Inc. 282 C.D. 2020 (Cwlth. July 15, 2021)(Not Reported) Not Reported: The Liquor Control Code in Pennsylvania provides a licensee may not use or permit to be used…

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Lange v. California 594 U.S. __ (2021)

Lange. v. California, 594 U.S. __ (2021) Lange addresses limits on warrantless entries into the home of a misdemeanor suspect. Cited here for noise due to the Supreme Court’s lengthy discussion of the common law principles of property owners and the “home as castle” and home as…

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Cost v. Dickson City (3rd.Cir., June 3, 2021)

Cost v. Dickson City (3rd.Cir., June 3, 2021) NON-PRECEDENTIAL: Challenge under §1983 claims when loud fight and suspected domestic situation supported exigent circumstances and supported forced entry by police without a warrant. Court below noted: “because the facts were ‘sufficient to warrant a…

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Commonwealth v. Faust 1138 MDA 2020 (Pa.Super., June 15, 2021)

Commonwealth v. Faust 1138 MDA 2020 (Pa.Super., June 15, 2021) NON-PRECEDENTIAL: DUI case summarizing disorderly conduct as applied to noise. Police must establish “a level of noise inconsistent with neighborhood standards” to support probable cause or disorderly conduct. [Slip 4-5] The court concluded:…

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Barris v. Stroud Township (May 28, 2021)

Barris v. Stroud Township,  671 CD 2020 (May 28, 2021). WARNING POSSIBLE APPEAL: Barris launched a collateral, constitutional attack on a township ordinance limiting firearms discharges to certain zoning districts. The Court held the firearms discharge ordinance facially unconstitutional as an allegedly overbroad impairment of Second Amendment…

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Commonwealth v. Weeden May 26, 2021

Commonwealth v. Weeden 2021 PA Super 108 (May 26, 2021). Weeden implicates noise pollution law. First, Weeden demonstrates that police may be trained to distinguish types of sound and that such distinctions are admissible. [Slip 4](“The operators and police have also…

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Adams Outdoor Advertising v. ZHB of Stroudsburg 392 C.D. 2020 (Pa.Cwlth., May 17, 2021)

Adams Outdoor Advertising v. ZHB of Stroudsburg 392 C.D. 2020 (Pa.Cwlth., May 17, 2021) Case challenging total ban on annoying and inappropriate LED billboards. Cited regarding noise for footnote 9 affirming that a municipality does not have a burden to “present[]…

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Commonwealth v. McConnell (Super., Dec. 30, 2020)

Commonwealth v. McConnell 2020 PA Super 300 (Super., Dec. 30, 2020). Disorderly conduct, neighbor dispute While technically not addressing noise, the case may apply to retaliatory noise situations and spurious claims of First Amendment activity to excuse noise violations. McConnell reminds that even First Amendment activity must…

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Marshall v. East Bradford Township Board of Supervisors (PaCwlth, Feb 17 2021)

Marshall v. East Bradford Township Board of Supervisors (Pa.Cwlth, Feb 17 2021) Appellants sought declaration that a 3000 sq ft barn in an R-2 zoning district was owner-occupied and thus could be used to calculate the number of attendees at events at the former farm property, now…

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HHI Trucking & Supply, Inc. v. Borough Council of Borough of Oakmont, 990 A.2d 152, 163 (Pa.Cmwlth.,2010)

HHI Trucking & Supply, Inc. v. Borough Council of Borough of Oakmont, 990 A.2d 152, 163 (Pa.Cmwlth.,2010) ZONING: Conditional use conditions for cement plant near residential homes. Case requires that zoning ordinance define the terms “objectionable” or “acceptable” sound levels with adequate specificity to allow for measurement…

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