FW: CONSTUCTIVE CONDEMNATION OF PRIVATE SEWER PLANT
From: Jack Mihalik [mailto:JackM@hummelandlewis.com]
Sent: Tuesday, March 15, 2016 2:12 PM
To: Pmlsolicitors pmlsolicitors-bounces@lists.imla.org
Subject: CONSTUCTIVE CONDEMNATION OF PRIVATE SEWER PLANT
Everyone,
A township that I represent wants to construct a pump station to pump sewage from two residential developments to a public sewer plant in another municipality. When the pump station begins operating, sewage will be bypass a privately owned sewer plant that will be decommissioned.
The attorney who represents the plant owner raised the issue of constructive condemnation.
Have any of you ever dealt with this type of situation.
Thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.
Jack,
A couple of us here have kicked this around. You raise a complicated issue. The factors involved include (a) the township’s existing 537 plan regarding treatment facilities and the long range plan for them, (b) the actual permit for the private plant and any conditions regarding discontinuance or future public alternatives, (c) the compliance history of the present plants, (d) whether the private system is a PUC company, a community system, etc. We would suspect that a taking argument is a real long shot since it is up to each municipality to determine, with DEP concurrence, the methods for sewering the properties in the township. However, if the lines that will be used to get the sewerwge to the pump station are privately owned, taking that collection system could require compensation. We'd be happy to talk with you further about this, but would have to have a much deeper understanding of the facts before we could even begin to be definitive.
William W. Warren Jr.
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.commailto:wwarren@saul.com
Sent from my iPad
On Mar 16, 2016, at 10:09 AM, Chuck Thompson <cthompson@imla.orgmailto:cthompson@imla.org> wrote:
From: Jack Mihalik [mailto:JackM@hummelandlewis.com]
Sent: Tuesday, March 15, 2016 2:12 PM
To: Pmlsolicitors <pmlsolicitors-bounces@lists.imla.orgmailto:pmlsolicitors-bounces@lists.imla.org>
Subject: CONSTUCTIVE CONDEMNATION OF PRIVATE SEWER PLANT
Everyone,
A township that I represent wants to construct a pump station to pump sewage from two residential developments to a public sewer plant in another municipality. When the pump station begins operating, sewage will be bypass a privately owned sewer plant that will be decommissioned.
The attorney who represents the plant owner raised the issue of constructive condemnation.
Have any of you ever dealt with this type of situation.
Thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.
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http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org
"Saul Ewing LLP " made the following annotations:
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This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
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Everyone,
If you already received this, please let me know.
One of our governments has an amusement tax that person refuses to pay. We requested a meeting to review his accounts but he has refused to comply. I wish to file a summary prosecution as provided for in our ordinance and need to know if the Tax Collector can issue the citation.
I checked the Local Tax Enabling Act and Local Tax Collection Act, could not find any authorities.
Any ideas and thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.
-----Original Message-----
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Warren Jr., William W.
Sent: Wednesday, March 16, 2016 2:08 PM
To: Chuck Thompson cthompson@imla.org
Cc: pmlsolicitors@lists.imla.org
Subject: Re: [Pmlsolicitors] FW: CONSTUCTIVE CONDEMNATION OF PRIVATE SEWER PLANT
Jack,
A couple of us here have kicked this around. You raise a complicated issue. The factors involved include (a) the township’s existing 537 plan regarding treatment facilities and the long range plan for them, (b) the actual permit for the private plant and any conditions regarding discontinuance or future public alternatives, (c) the compliance history of the present plants, (d) whether the private system is a PUC company, a community system, etc. We would suspect that a taking argument is a real long shot since it is up to each municipality to determine, with DEP concurrence, the methods for sewering the properties in the township. However, if the lines that will be used to get the sewerwge to the pump station are privately owned, taking that collection system could require compensation. We'd be happy to talk with you further about this, but would have to have a much deeper understanding of the facts before we could even begin to be definitive.
William W. Warren Jr.
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.commailto:wwarren@saul.com
Sent from my iPad
On Mar 16, 2016, at 10:09 AM, Chuck Thompson <cthompson@imla.orgmailto:cthompson@imla.org> wrote:
From: Jack Mihalik [mailto:JackM@hummelandlewis.com]
Sent: Tuesday, March 15, 2016 2:12 PM
To: Pmlsolicitors <pmlsolicitors-bounces@lists.imla.orgmailto:pmlsolicitors-bounces@lists.imla.org>
Subject: CONSTUCTIVE CONDEMNATION OF PRIVATE SEWER PLANT
Everyone,
A township that I represent wants to construct a pump station to pump sewage from two residential developments to a public sewer plant in another municipality. When the pump station begins operating, sewage will be bypass a privately owned sewer plant that will be decommissioned.
The attorney who represents the plant owner raised the issue of constructive condemnation.
Have any of you ever dealt with this type of situation.
Thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.
Pmlsolicitors mailing list
Pmlsolicitors@lists.imla.orgmailto:Pmlsolicitors@lists.imla.org
http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org
"Saul Ewing LLP " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
+~~~~~~~~~~~~~~~~~~~~~~~~+
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Have your code enforcement officer file the citation on information received from the tax collector and the tax collector will be his witness.
Keith Mooney, Esquire
50 North Fifth Street, 2nd Floor
P.O. Box 942
Reading, PA 19603
T: 610-898-7155 | C: 610-413-6004 | F: 610-376-5243
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From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Jack Mihalik
Sent: Tuesday, April 26, 2016 9:21 AM
To: pmlsolicitors@lists.imla.org
Subject: [Pmlsolicitors] FW: FW: CONSTUCTIVE CONDEMNATION OF PRIVATE SEWER PLANT
Everyone,
If you already received this, please let me know.
One of our governments has an amusement tax that person refuses to pay. We requested a meeting to review his accounts but he has refused to comply. I wish to file a summary prosecution as provided for in our ordinance and need to know if the Tax Collector can issue the citation.
I checked the Local Tax Enabling Act and Local Tax Collection Act, could not find any authorities.
Any ideas and thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.
-----Original Message-----
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Warren Jr., William W.
Sent: Wednesday, March 16, 2016 2:08 PM
To: Chuck Thompson <cthompson@imla.orgmailto:cthompson@imla.org>
Cc: pmlsolicitors@lists.imla.orgmailto:pmlsolicitors@lists.imla.org
Subject: Re: [Pmlsolicitors] FW: CONSTUCTIVE CONDEMNATION OF PRIVATE SEWER PLANT
Jack,
A couple of us here have kicked this around. You raise a complicated issue. The factors involved include (a) the township’s existing 537 plan regarding treatment facilities and the long range plan for them, (b) the actual permit for the private plant and any conditions regarding discontinuance or future public alternatives, (c) the compliance history of the present plants, (d) whether the private system is a PUC company, a community system, etc. We would suspect that a taking argument is a real long shot since it is up to each municipality to determine, with DEP concurrence, the methods for sewering the properties in the township. However, if the lines that will be used to get the sewerwge to the pump station are privately owned, taking that collection system could require compensation. We'd be happy to talk with you further about this, but would have to have a much deeper understanding of the facts before we could even begin to be definitive.
William W. Warren Jr.
(office) 717-238-7698
(cell) 717-979-5570
wwarren@saul.com<mailto:wwarren@saul.commailto:wwarren@saul.com%3cmailto:wwarren@saul.com>
Sent from my iPad
On Mar 16, 2016, at 10:09 AM, Chuck Thompson <cthompson@imla.org<mailto:cthompson@imla.orgmailto:cthompson@imla.org%3cmailto:cthompson@imla.org>> wrote:
From: Jack Mihalik [mailto:JackM@hummelandlewis.com]
Sent: Tuesday, March 15, 2016 2:12 PM
To: Pmlsolicitors <pmlsolicitors-bounces@lists.imla.org<mailto:pmlsolicitors-bounces@lists.imla.orgmailto:pmlsolicitors-bounces@lists.imla.org%3cmailto:pmlsolicitors-bounces@lists.imla.org>>
Subject: CONSTUCTIVE CONDEMNATION OF PRIVATE SEWER PLANT
Everyone,
A township that I represent wants to construct a pump station to pump sewage from two residential developments to a public sewer plant in another municipality. When the pump station begins operating, sewage will be bypass a privately owned sewer plant that will be decommissioned.
The attorney who represents the plant owner raised the issue of constructive condemnation.
Have any of you ever dealt with this type of situation.
Thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.
Pmlsolicitors mailing list
Pmlsolicitors@lists.imla.org<mailto:Pmlsolicitors@lists.imla.orgmailto:Pmlsolicitors@lists.imla.org%3cmailto:Pmlsolicitors@lists.imla.org>
http://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.orghttp://lists.imla.org/mailman/listinfo/pmlsolicitors_lists.imla.org
"Saul Ewing LLP " made the following annotations:
+~~~~~~~~~~~~~~~~~~~~~~~+
This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
+~~~~~~~~~~~~~~~~~~~~~~~~+
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