Case of the Week: Ninth Circuit Holds that Failure to Provide Zoning District for Tattoo Parlor Violates First Amendment.

No. 510

HERNANDO BEACH INK.

The Ninth Circuit Court of Appeals recently ruled that the failure of the City of Hernando Beach, California to provide a district where tattoo parlors could be located constituted a de facto ban on that form of expression and thus violated the First Amendment.

As any fan of LA Ink can tell you, the tattoo is an ancient and venerable form of self-expression. The patrons of LA Ink frequently have a message that they wish to convey to the world by the artwork that is indelibly engraved on their bodies. However, at least in Pennsylvania, a tattoo parlor would probably win this case without resort to the First Amendment, assuming that the facts were otherwise favorable.

In Pennsylvania, “the fair share principle” requires a local political unit to plan for and provide land use regulations which meet the legitimate needs of all categories of people who may desire to live within its boundaries. Surrick v. Zoning Hearing Board of Upper Providence, 476 Pa. 182, 382 A.2d 105 (1977) The Surrick case, which stands for the principle that a de facto exclusion of a land use within a political subdivision must serve the public interest, has been cited in least 274 cases, plus numerous treatises and articles on zoning. The opponent of a tattoo parlor would have the burden of proving that such a use is contrary to the public health, safety and welfare. Courts outside Pennsylvania, including the Seventh Circuit and the Virginia Supreme Court have upheld the exclusion of tattoo parlors on public welfare grounds.

CLT

Category: Uncategorized

ROBOSIGNERS UNDER SCRUTINY IN MORTGAGE FORECLOSURE MILLS.

No. 509

Serious internal investigations appear to be underway at J P Morgan and elsewhere concerning mortgage servicing practices related to foreclosures. Of course, unfair and unethical practices, such as forging affidavits to cover lost documents and starting foreclosures in the name of a party who does not own the mortgage have been under attack from a cadre of dedicated lawyers, such as April Charney in Jacksonville Florida, who have been winning cases with increasing frequency. Along the way, several state attorney generals (but not including Pennsylvania) have joined the movement.

The New York Times has been running articles on the subject, highlighting the practice that as come to be called “robosigning”. That practice has spread to law firms, where attorneys are supposedly appointed as “Vice Presidents of Documentation” to sign verifications on pleading without the delay or trouble of sending them back to the servicers for signing. While the need to file responses within strict time limits sometimes requires counsel to verify pleadings or suffer default, no such pressure exists in the case of a mortgage foreclosure complaint. This practice has lead to what are called “signing parties” where hundreds of verifications are signed en mass. It is speculated that these investigations may lead to the reopening of many cases, especially those involving parties who were not represented by counsel.

CLT

Category: Uncategorized

Unannounced Landlord Visits — an AVVO Answer.

No. 508

I am hearing an increasing number of complaints from tenants about unannounced or poorly announced inspections of apartments. These are generally not emergencies and tenants do resent them. Landlords should be mindful that such intrusions create an opportunity for misunderstandings and mishaps. Moreover, certain employees may be deliberately entering occupied units hoping to surprise women who are not fully clothed. Unfortunately for tenants, landlord-written leases do not contain sanctions for such activity, but that does not mean that written protest is futile. A pattern of such activity could create a lot of trouble for a landlord — even if it is being done by outside repairmen and others over whom the landlord does not have direct control. Here is an AVVO Answer I gave recently on the subject.

CLT

Category: Uncategorized

6 Things to Do Every Day — a marthastewart.com checklist

No. 507

Here’s six things that Martha says we should do every day.

1. Make the Bed.

2. Manage Clutter.

3. Sort the Mail.

4. Clean as you Cook.

5. Wipe up Spills while they’re Fresh.

6. Sweep the Kitchen Floor.

CLT

Category: Uncategorized

The Prisoner’s Dilemma

No. 506

Its a classic. Two prisoners each have the key to the cell occupied by the other. They cannot reach each other — each must trust the other to throw the key across the intervening space. After much discussion, they decide to each throw his key to the other simultaneously.

Both are aware that even good people under extreme pressure may not be trustworthy. But under the circumstances, nothing can be gained without trusting the other party.

A version of the Prisoners’ Dilemma was played out on a TV show called “Bachelor Pad.” No, I never watched it, I read about it (and saw a clip of the episode) in the Freakonomics Blog.

Other versions of the Prisoners’ Dilemma exist, including one where two accomplices in crime are encouraged by the police to rat on the other.

We are forced to play variations on this game all of the time. We pay in advance without any practical recourse if what is delivered is unsatisfactory or not delivered at all. (The Bride’s Dilemma) We provide a valuable commodity or service to someone who, as a practical matter, cannot be forced to pay through the legal system.

At times we are forced to trust total strangers with nothing more to go on than a few words and a facial expression. Every time we trust another human being, even someone we know well, we take a calculated risk. But then, opportunity comes wrapped in risk.

CLT

Category: Uncategorized

It’s Tax Sale Time Again — an AVVO Answer.

No. 505

Its September, which means that property owners have been deprived of that property at the annual Tax Claim Bureau Upset Sale — some undoubtedly without due process. Here’s an AVVO Answer I just gave on the subject. If you just found out that your property was sold at such a sale, it may not be too late to do something. But you must act quickly.

Allegheny County does not have an annual sale in September. Tax properties are sold year-round at the same sheriff sale where mortgage foreclosures and other judicial sales of real estate are held. The City of Pittsburgh also holds Treasurer’s Sales quarterly. If you are confused, don’t be embarrassed. This is a very confusing system and when your property has been sold at a tax sale you MUST hire a lawyer. As I commented in my AVVO Answer, petitioning to overturn a tax sale is no time and place for a non-lawyer or even a lawyer not experienced in the subject to be learning the ropes.

CLT

Category: Uncategorized

Labor Law: Work Lawyers Do On the Way to their Calling and What it Means.

No. 504

John Grisham recounts in the New York Times today a series of backbreaking and mind-breaking jobs he performed on his way to becoming a trial lawyer and then an author. These involved such joyful work as laying asphalt on Mississippi roads in the summer and crawling under houses to find plumbing leaks. When he made a deliberate decision to get indoors (selling men’s underwear at Sears) he found himself still dissatisfied. The search lead him to law school. His initial goal to practice tax law was scrapped after he took the course. He chose the court room and found himself representing the indigent for little money in the days before public defenders came to Mississippi. Finally, lack of satisfaction and financial success as a litigator and then a state legislator brought him to his ultimate career as a writer of legal thrillers. After this long journey to get away from hard labor, he admits, writing is the hardest job of all.

His story, while atypical, is not that unusual. Nearly all of us have done real physical labor for a living or at least for money in our younger days. Some have even been forced to interrupt careers. I once spoke to a young lawyer who had been laid off at a law firm and had undertaken months of work as a dog groomer. He told me he returned to the practice of law with a new perspective.

On the upside, there are always opportunities in these adventures to learn something useful. And it just so happens that law, which is about everything, provides the perfect vehicle to employ insight and even skills earned by the sweat of the brow. Grisham did. He was a better lawyer and then a better writer for enduring all that. And if he had not had the character to change and change again, not once or twice, but multiple times, he would never have developed the stamina to win a hard case or to endure the lonely agony of writing a long novel.

CLT

Category: Uncategorized

Arbitration has moved into its new home.

No. 503

PHOTO: Anna and Brian work in their new office at 702 City County Building. Arbitration begins in the new location on September 7.

__________________________________________________

After years on the Fifth Floor of the historic Allegheny County Court House, the Arbitration division is finally moving in with the rest of the Civil Division. The new assembly room is located on the Seventh Floor, to the left of the Jury Room. A cluster of former courtrooms and judge’s chambers in the southwest corner of the building have been reorganized for this purpose and they look pretty good.

Everyone has known for a long time that the old hearing rooms were too small. Under the Constitution, courts are open to anyone who wishes to observe. However, the old rooms frequently could barely accommodate the witnesses. And, frankly, they didn’t exactly look like a courtroom. The new ones have the look and feel of a courtroom –partly because they still are. Although the arbitrators’ hearing table remains, the raised dais has not been removed and the room could be converted back to a courtroom in about 5 minutes.

Its also great to avoid the morning security check at the old courthouse. Because this building houses the criminal courts, the magnetic machine is turned way up and the guards want you to remove belts, coats and sometimes shoes. This ritual was particularly annoying when the line to go through security extended down the steps and even the sidewalk at times. During some frustrating Winter days, the line never moved because police and court personnel, who go the head of the line, would take up all of the machine time. They once confiscated an eyebrow tweezer from a lawyer on her way to the arbitration room.

While the City-County Building has security,too, it doesn’t house the criminal or family divisions — the places where electronic searches are more serious. Veterans of both venues insist that security for the Family Division, located in the old jail, collect the most weapons of all.

So, goodbye to all that! Life can only get better.

CLT

Category: Uncategorized

How to Find Your Pepto in a Hurry in Your Suitcase.

No. 502

Traveling is hard on the digestive system — especially long flights from places like Amsterdam. So here’s a little tip to help you find your Pepto Bismol in a crowded suitcase when seconds count.

Tape a cell phone to the bottle. Then, when you need instant relief, you can call the cell phone.

The same tip works when you are having trouble locating your new cell phone by calling it because you forget your new cell phone number. Tape your old cell phone to your new cell phone. No big deal.

CLT

Category: Uncategorized

How to Keep from Bringing Bedbugs Home in Your Suitcase.

No. 501

An article in the New York Times about bedbugs tells us what one expert does after staying in a hotel. In addition to tearing apart the bed, he keeps his luggage and clothes in the bathroom and gives the whole package a steam treatment.

So, before checking out, run the shower on hot for a few hours with the your luggage and clothes in the room and the door closed. Then, just to make sure, repeat the process at home.

CLT

Category: Uncategorized

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Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 45 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

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Case of the Week: Ninth Circuit Holds that Failure to Provide Zoning District for Tattoo Parlor Violates First Amendment.

ROBOSIGNERS UNDER SCRUTINY IN MORTGAGE FORECLOSURE MILLS.

Unannounced Landlord Visits — an AVVO Answer.

6 Things to Do Every Day — a marthastewart.com checklist

The Prisoner’s Dilemma

It’s Tax Sale Time Again — an AVVO Answer.

Labor Law: Work Lawyers Do On the Way to their Calling and What it Means.

Arbitration has moved into its new home.

How to Find Your Pepto in a Hurry in Your Suitcase.

How to Keep from Bringing Bedbugs Home in Your Suitcase.

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