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FOR IMMEDIATE RELEASE |
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MEDIA CONTACT:
Ben Turner |
State Rep. David
Kessler |
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House passes Kessler bill to save taxpayers money
HARRISBURG, July 12 – A bill that state Rep. David Kessler introduced to save taxpayers money passed the House of Representatives unanimously today.
Kessler’s bill (H.B. 1330) was prompted by a quarry business in Berks County winning its legal challenge against a long-standing township zoning ordinance based on an allegation of a procedural defect in its enactment. The state Supreme Court ruled that such a challenge to an ordinance can be brought at any time. Procedural defects can include such minor omissions as posting public notice signs every 310 feet instead of every 300 feet.
Kessler’s legislation would make it extremely difficult for parties bringing a challenge two years or more after adoption of an ordinance to prove that a township or borough failed to comply strictly with statutory procedural requirements. The bill also would provide that proof of public reliance on an ordinance creates an irrebuttable presumption that the ordinance was enacted properly.
“The recent decision by the state Supreme Court threatens to impose an unlimited drain on taxpayers,” Kessler said. “The court effectively ended the time limit for challenging local zoning ordinances, so townships and boroughs and their residents face the threat of legal expenses, typically well in excess of $25,000, to defend their zoning laws -- even when the municipalities have followed the letter of the law and the challenges are frivolous. That money would be coming out of people’s property taxes.
"Unless we change the law, the burdens imposed on taxpayers by the decision will be overwhelming," Kessler said. "The Supreme Court has tilted the playing field heavily in favor of companies that can finance long, drawn-out lawsuits and I want to correct that. Local ordinances that citizens have followed for five or 15 years can be tossed out, not because of the zoning, but because of technicalities of procedure.
“I am pleased with the unanimous support and bipartisan cooperation I have received on this bill in the House. I hope that the Senate will send this bill to the governor,” Kessler said.
Kessler has served on the Oley Township Board of Supervisors since 1994 and also served on the township planning commission for 15 years. After being sworn in as state representative in January, Kessler has continued to serve as a township supervisor without accepting a salary for the township position. He serves on the House Finance, Agriculture, Local Government, and Aging and Older Adult Services committees.
“In Harrisburg, I am able to put my 15 years of local government experience to use for taxpayers in Berks County and across the state,” Kessler said. ”By remaining a township supervisor, I see firsthand what is needed to help local governments throughout my district and throughout Pennsylvania.”
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