Practice Area: Municipal Law

The attorneys of High Swartz LLP’s Municipal Law Group continue the over 100-year-old legacy of resolving complex legal matters for local municipalities and their citizens.

By Bill Donahue | As seen in Suburban Life Magazine

Located in the suburbs of Philadelphia, High Swartz LLP has earned a distinguished reputation that traces back to its inception in 1914. The full-service law firm offers adept legal counsel in just about every legal facet—from appellate work through zoning law. However, it's the firm's municipal law practice that has proved to be foundational to its southeastern Pennsylvania presence.

Essentially, municipal law involves the practice of providing legal guidance to municipalities to facilitate the efficient and effective operation of local government. You'll find attorneys at High Swartz LLP involved in every level of local government – as zoning hearing board solicitors, general municipal solicitors, special counsel, labor counsel, and conflict counsel.

High Swartz’s Municipal Law Group includes nine full-time attorneys, practicing from their law offices in Norristown and Doylestown. The group has the honor of being ranked nationally by US News and World Report as a Tier 1 law firm for Land Use & Zoning Law, a big part of municipal work. Although their offices are based in Montgomery County and Bucks County respectively, the attorneys work with townships and boroughs throughout Eastern Pennsylvania, and that footprint is expanding.

Partner Gilbert P. High Jr. is a municipal law and estates attorney whose grandfather, Samuel H. High, helped found the firm. What High likes most about municipal work is the opportunity to make a tangible difference in the lives of fellow community members.

“A municipality is basically a corporation with thousands of shareholders, and you have to deal with and be responsive to their issues,” High says. “Municipal law is about being ‘of the people, by the people, for the people.’ I have a great deal of faith in local government, and I want the residents of local municipalities to sense that.”

“Developing relationships is the heart of this work,” says David J. Brooman, a partner and the head of High Swartz's municipal practice. “People love to tell their story, whether it’s about their business or their township, and having a sincere interest in listening to those stories helps you gain trust. If you love what you do, spend enough time doing it, and get to know your clients really well, people will rely on you. That’s a responsibility we all take very seriously.”

Brooman appreciates the “intellectual challenge” that comes from practicing in areas such zoning and land-use development and environmental law and litigation. He says the work requires him to be “a skilled generalist—someone who knows a little about everything.” Whether a case involves a municipality or a private entity, Brooman immerses himself in the interests of his clients.

“From the beginning when I started practicing law, I've wanted to delve into each client’s business– really get to know the senior management if I was going to help them solve problems,” he says. “I want to know what’s important to them and what their strategic plan is for the next six to 10 years. Clients come to view me as a business advisor—and that goes for townships, too. Before you know it, they’re asking you questions that have nothing to do with the law."

Attorney Thomas E. Panzer joined High Swartz LLP in 2015 when his firm, McNamara Bolla & Panzer, merged with High Swartz. Today, as a partner tasked with leading High Swartz’s Doylestown office, Panzer maintains a busy practice as a municipal, zoning, and workers’ compensation attorney. He attributes the strength of the firm’s municipal practice to three essential attributes.

“First is our core competence and being able to offer substantively sound advice,” he says. “Second is our demeanor and approach, remembering that we are advisors, not policy makers. Third is the ability to be present and respond to the needs of the people we represent. If we deliver on these attributes, we will continue to grow our reputation as a strong regional full-service law firm.”

Each of the attorneys in the firm’s municipal law group have their own niche. High, for example, has become known as one of the Pennsylvania's premier experts on tree law. Although tree-lined streets add to a community’s desirability, most Pennsylvania municipalities struggle to maintain so-called “street trees” because of the associated cost.

“Lower Merion Township has something like 18,000 trees that line its streets,” High says. “Whose responsibility is it to maintain those trees? You have to sort out, ‘OK, what is the law in terms of a limb from a street tree falling on a car or the whole tree coming down?’ That has spread out into, ‘OK, what is the law in terms of one neighbor dealing with a problem tree on another neighbor’s property?’ There are so many issues that come up.”

Brooman has a keen interest in preservation. He cites a project known as the Mattison Estate in Ambler. Once the personal estate of the late asbestos magnate Richard V. Mattison, M.D., the property fell into disrepair in the years after Mattison’s death in 1936. In recent years, Brooman worked closely with Upper Dublin Township to preserve and protect the property’s significant historic assets, including iconic Lindenwold Castle. At the same time, he facilitated opportunities for thoughtful residential development as a way to breathe new life into the area.

“The Mattison Estate is an example of what I like best about this kind of work,” Brooman says. “It allows for a great deal of creativity in solving problems, and it brings developers, townships, and community groups together to engineer a solution that everyone can support. It’s not always easy, but if you work hard enough, you can come to a consensus.”

High Swartz municipal lawyers' work doesn't end when they leave the office. All members are active in volunteer and civic organizations including Habitat for Humanity and The Support Center for Child Advocates. You'll find them in public official positions as well. Panzer, for example, served a four-year term as Bucks County treasurer; completed two terms as a supervisor in his hometown of Warminster; and served a five-year term as a member of the Warminster Municipal Authority Board of Directors.

“We have built a strong, stable, and respected presence in Bucks County,” Panzer adds. “I have seen a lot of law firms come and go, and I’m honored to have joined a firm with a 100–year history in and around the Philadelphia region. We can thank attorneys like Gil High, David Brooman, and the firm’s managing partner, Joel Rosen, for that.”

As High reflects on his storied career with the firm, he cannot help but look to the future. He forecasts continued growth in the firm’s municipal practice, among other practice areas, and expects to see the firm’s team of attorneys grow along with it. Just as it has done in the past, the firm will grow by attracting talented young attorneys who “appreciate the gratification that can be afforded to them by working in an established regional firm.”

“I have been affiliated with this firm for almost 65 years,” High adds. “In that period of time, the firm has maintained an ethical integrity and respect for clients, for other lawyers, for the court system, and for one another. That’s what I’m most proud of—the standard of ethical integrity I think the judicial system calls on lawyers to maintain—and that’s true for every practice area at the firm, not just our municipal practice.”

This article was originally published here.

The Emerald Ash Borer insect has wreaked havoc throughout much of PA and is migrating to surrounding Mid-Atlantic states. Dead ash tree removal is a must for property owners, but the responsibility burden can sometimes cause friction between neighbors.

I live in Southeastern Pennsylvania, and I’m trying to resolve a dispute with a neighbor about a dead ash tree that sits directly on our property line. When I moved into my house a few months ago, I had an arborist inspect the tree, and planned to have it trimmed.

I was advised that the ash tree is infected by the emerald ash borer beetle and is nearly completely dead. The arborist advised me to remove it quickly so that it does not fall on my shed directly under it and was given a quote of $1700.The thing is, the tree sits approximately on 25% of my property and 75% of my neighbor’s.

My understanding is that in PA, if a dead or dying tree sits on the property line, both the neighborly and legally required thing to do is to split the cost of removal. However, my neighbor stated that he did not care if it came down in my yard as it would be my responsibility to remove it if that occurred. The dead tree would not hit his house if it fell on his property, and he was not willing to contribute to its removal.

I was hoping to determine with a real estate lawyer familiar with tree removal laws if I had any legal recourse against him with regards to this removal. Or,f the cost of removal is low enough that I am better off just paying for the tree removal myself rather than trying to take legal action against my neighbor At the end of the day, I'm arguing with him over $850 and the principle of the matter. – Matthew P.

I believe your understanding of the PA tree law is correct. A property line tree is the joint and equal responsibility of the two property owners. If one party refuses to accept equal responsibility, legal action would have to be started – normally before a Montgomery County magistrate judge. The cost of commencing the action is not great, but, the cost of your relationship with your neighbor could be.

You might have some success in having a real estate attorney write to the neighbor, but that could be costly as well. The additional issue is that in order to remove the tree, your arborist may requires the neighbor’s permission, since going onto his property would be a trespass.

For you to be successful, legally you have to be able to prove where the property line is and prove that the tree was a hazard tree because it was dead. You’ll need a written opinion from the arborists and good pictures.

Many arborists in PA are rightfully reluctant to climb up an ash tree in order to remove it because it dies from the top down – so the top becomes very brittle and thus dangerous to climb. You have to deal with this right away. Best of luck!

If you live in Pennsylvania, odds are that you’re within the service area of at least one municipal or joint municipal authority.

It has been estimated that Pennsylvania has roughly 2,000 active municipal authorities. Whether for water distribution, wastewater treatment, sewer, school, hospital, mass transit, recreation, business development, or some other purpose, most citizens get some sort of service (and, as importantly, receive bills or special assessments) from a municipal authority.

But what exactly is a municipal authority? Many see the word “municipal” in the title and assume it’s an arm or agency of the municipality in which it is located. However, a municipal authority is not an agent or representative of a municipal government, but is instead an agency of the Commonwealth of Pennsylvania. Municipal authorities are formed under and governed by Pennsylvania’s Municipality Authorities Act, and are considered independent corporate agents of the Commonwealth.

What can a Municipal Authority do?

The Municipality Authorities Act dictates a municipal authority’s powers and limitations. They have the ability to exercise governmental, as well as private, corporate powers, in assisting the Commonwealth in meeting the needs of its citizens. Municipal authorities are often set up to facilitate the acquisition, operations, financing, and construction of projects, from stormwater management to wastewater treatment to construction of school buildings. In pursuing these purposes, municipal authorities have certain unique powers, including the ability to incur debt, own property, and finance their activities by means of issuing revenue bonds (independent of the municipality), fixing and collecting lease rentals, or other charges or assessments.

There are, however, some limitations on what a municipal authority can do. The projects it undertakes must be in the proprietary fields of government, must be in the public interest, and must be self-sustaining. The Act sets forth 18 different kinds of projects that an authority may undertake. The Articles of Incorporation of many municipal authorities can include a specific limiting purpose and/or specific projects, in which case no other projects may be undertaken than those specified. And in the case of municipal authorities created to provide business improvements or administrative services, their power to charge assessment fees is further limited by a requirement that all business improvement plans and proposed methods of assessment must be formally approved by the municipality in which the project is located.

How are Municipal Authorities different than Municipal Governments?

Municipal authorities differ from municipal governments in the following key aspects:

• A municipal authority has many more limitations on the exercise of its power than general purpose governments, which have general police powers to protect the public safety, health and general welfare;
• A municipal authority is limited to project-related revenues, like user charges, connection fees, or special assessments as provided in the Act, while municipal governments have broader general taxing authority;
• Municipal authorities generally have fewer restraints and restrictions on operations, budgetary and personnel practices than municipal governments;
• An municipal authority’s board is not elected, but appointed by the local municipal government(s);

This last point is one of the most important differences. The extra layer of insulation from political pressure allows municipal authorities to undertake certain long-term projects and raise and spend money without having to face voters – who may have seen large increases in user charges or special assessments – at the ballot box.

This freedom from political pressure also has other side effects, like allowing qualified professionals to be appointed to serve on the board who would likely not be interested in running for elected office, allowing for greater continuity of leadership, and being more attractive to quality employees with the promise of stability and tenure.

How can you challenge the charges or assessment fees of a Municipal Authority?

The negative side of a municipal authority board being appointed and insulated from political forces is that property owners or developers may not feel they have much recourse if charges or rates are increased, or they believe an assessment is excessive or improper. Though property owners may not be able to exert political pressure on a municipal authority, there is some recourse available to dispute or challenge a charge or assessment.

The Act gives municipal authorities broad discretion and empowers them to assess and collect charges in their service area “at reasonable and uniform rates to be determined exclusively” by the municipal authority. However, the Act also authorizes “[a]ny person questioning the reasonableness or uniformity of a rate fixed by an authority or the adequacy, safety and reasonableness of the authority's services, including extensions thereof, [to] bring suit against the authority in the court of common pleas of the county where the project is located․”

Whether you’re a developer or property owner wishing to dispute a water or stormwater authority’s cost of water or stormwater construction or operating costs, customer facilities fees or tapping fees, or a property owner in a business improvement district wishing to dispute the assessment on your property, a diligent attorney will be able to guide you through the complex requirements of the Act and assess whether bringing suit would be beneficial to your interests.

Our experienced municipal government team at High Swartz has in-depth knowledge and experience in the Municipality Authorities Act and related case law, and [can] counsel both municipal authorities and property owners in navigating the law and protecting or asserting their sometimes competing interests.