Elections, Voting, Reapportionment and Legislative Process

• Represented state senator in challenging defamation lawsuit under the state constitution’s Speech & Debate Clause. Hommrich v. Boscola, 149 C.D. 2024, 2025 WL 24368 (Pa. Commw. Ct. Jan. 3, 2025).
• Established the obligation of boards of election to count provisional ballots where voter’s mail ballot was rejected for a technical defect. Genser v. Butler Cnty. Bd. of Elections, 325 A.3d 458 (Pa. 2024).
• Addressed application of Election Code to provisional ballots. In re Canvass of Provisional Ballots in 2024 Primary Election, 322 A.3d 900 (Pa. 2024).
• Represented Democratic Party in case addressing non-severability provision of vote by mail statute. Bonner v. Chapman, 298 A.3d 153 (Pa. Cmwlth. 2023).
• Represented State Democratic Senate Caucus in challenging legislative subpoena directed to Secretary of the Commonwealth, seeking confidential voter information for transmittal to out-of-state third- party election auditor. Costa v. Ward, 290 A.3d 335 (Pa. Cmwlth. 2023), reargument denied (Mar. 10, 2023), opinion vacated, appeal dismissed, 310 A.3d 229 (Pa. 2024).
• Represented Democratic Party in addressing disqualification of mail votes for omission of date on outside envelope. Ball v. Chapman, 289 A.3d 1 (Pa. 2023).
• Represented State Senate Democratic Caucus in reapportionment procedure before the Legislative Reapportionment Commission and the Pennsylvania Supreme Court. See, e.g., Covert, et al. v. 2021 Pennsylvania Legislative Reapportionment Commission, 278 A.3d 296 (Pa. 2022).
• Represented State Democratic Caucus in challenge to proposed 2020 Senate committee audit of 2020 election. Costa et al., v. Corman et al., No. 310 M.D. 2021 (Pa. Cmwlth, pending).
• Defended against state constitutional challenge to Pennsylvania’s mail-in ballot provisions. McLinko v. Dep’t of State, 279 A.3d 539 (Pa. 2022).
• Pennsylvania Democratic Party v. Boockvar, 238 A.3d 345 (Pa. 2020) (addressing specific statutory construction of Pennsylvania Election Code related to ballot drop boxes, “naked” ballots, early voting centers, and holding that the Pennsylvania Constitution required an emergency extension of the ballot receipt deadlines in light of the COVID-19 pandemic and coordinate mailing delays). 
• Donald J. Trump for President, Inc. v. Boockvar, No. 4:20-CV-02078, 502 F. Supp. 3d 899 (M.D. Pa. 2020), aff'd sub nom. Donald J. Trump for President, Inc. v. Sec'y of Pennsylvania, 830 F. App'x 377 (3d Cir. 2020) (holding that Trump Campaign had failed to assert, either in its original or theoretically amended complaint, any entitlement to federal relief in the canvassing of the 2020 General Election in Pennsylvania). 
• Donald J. Trump for President, Inc. v. Boockvar, 493 F.Supp. 3d 331 (W.D. Pa 2020) (rejecting constitutional challenges to variations in county election practices).
• Republican Party of Pennsylvania v. Boockvar, 592 U.S. ----, 141 S.Ct. 1 (2020) (motion to expedite consideration of petition for writ of certiorari denied) (rejecting pre-election injunction against ballot receipt deadline extension but noting that the Pennsylvania Secretary of State had directed that the relevant ballots to the challenge be segregated). 
• Scarnati v. Boockvar, No. 20A53, 592 U.S. ----, 141 S.Ct. 644 (mem) (2020) (rejecting pre-election injunction against ballot receipt deadline extension). 
• In re: Nov. 3, 2020 Gen. Election, 240 A.3d 591 (Pa. 2020) (addressing specific statutory construction of Pennsylvania Election Code related to signature review).
• Libertarian Party of Pennsylvania et al. v. Wolf, No. 5:20-cv-2299, 2020 WL 3971422 (E.D. Pa. Jul. 14, 2020), aff’d 813 Fed. App’x 834 (3d Cir. 2020) (holding that the COVID-19 pandemic did not entitle minor political parties to additional judicial relief from signature collection requirements for ballot access).  
• In re: Nomination Paper of Scroggin, 237 A.3d 1006 (Pa. 2020) (holding that the Green Party of Pennsylvania failed to appropriately nominate candidates for President and Vice President of the United States).
• In re: Canvassing Observation, Appeal of the City of Philadelphia Bd. of Elections, 241 A.3d 339 (Pa. 2020) (holding that Philadelphia County’s mail-in ballot canvassing operations did not violate the Pennsylvania Election Code).
• In re: 2,349 Ballots in 2020 Gen. Election, Appeal of Nicole Ziccarelli, 241 A.3d 694 (Pa. Commw. Ct. 2020), rev'd sub nom. In re Canvass of Absentee & Mail-in Ballots of Nov. 3, 2020 Gen. Election, 241 A.3d 1058 (Pa. 2020) (holding that undated, but timely received mail-in ballots were to be counted in the 2020 General Election).
• Represented Lieutenant Governor in successful challenge to Pennsylvania Congressional Map based on constitutional partisan gerrymandering. League of Women Voters v. Commonwealth, 178 A.3d 737 (Pa. 2018).
• Defended state candidate against constitutional challenge involving residency requirement. In re: Makhija, 136 A.3d 539 (Pa. Cmwlth 2016).
• Represented Senate Democratic Caucus in successful challenge to statewide reapportionment map which Supreme Court ruled had violated Pennsylvania Constitution. Holt v. 2011 Legislative Reapportionment Commw. 38 A.3d 711 (Pa. 2012).
• Defended federal court challenge to use of existing legislative map for 2012 election, following Supreme Court reapportionment decision. Pileggi v. Aichele, 843 F. Supp. 2d 584, E.D (Pa. 2012).
• Successfully defended challenge to nomination papers of state senate candidate. In Re Nomination Petition of Farnese, 945 A.2d 274, Pa. Cmwlth. 2008, aff'd 944 A.2d 753 (Pa. 2008).
• Represented Pennsylvania State Democratic Committee in challenge to third-party U.S. Senate Candidate. In re Nomination Papers of Rogers, Pennsylvania Supreme and Commonwealth Courts, 913 A.2d 298, Pa. Cmwlth. 2006, and 914 A.2d 457 (Pa. Cmwlth, 2006).
• Represented Pennsylvania State Democratic committee and Barbara Mcllvaine Smith in post-election challenge in Chester County, Pennsylvania for state legislative seat that changed the balance of power in State House for first time in 12 years(Ct. of Common Pleas, 2006).

Authorities, Agencies and Municipalities

• Represented City Controller in challenge to proposed ballot referendum seeking to amend city charter to impose BDS policy against entities doing business with Israel. In re Petition for Referendum, G.D. 24-8974 (Ct. of Common Pleas. 2024).
• Addressed application of annexation provisions. In re Proposed Annexation of Wilkinsburg by City of Pittsburgh, 298 A.3d 562 (Pa. Commw. Ct. 2023), appeal denied, 317 A.3d 527 (Pa. 2024).
• Represented permit holder in case addressing scope of the Right-to-Know Law on public disclosure of confidential financial and trade secret information contained in medical marijuana permit applications. McKelvey v. Pennsylvania Dep’t of Health, 255 A.3d 385 (Pa.2021).
• Served as election counsel in City of Pittsburgh referendum supporting public parks. (2019)
• Served as election counsel in Allegheny County, Pennsylvania referendum for early childhood support. (2018)
• Represented City of Pittsburgh in defending City Charter's residency requirement against public labor arbitrator's Act 111 award. City of Pittsburgh v. FOP, Fort Pitt Lodge No. 1, 161 A.3d 160 (Pa. 2017).
• Represented County Board of Commissioners in establishing fiscal control of court-related funds. Board of Comm'rs. of Bedford County v. President Judge of Court of Common Pleas of Bedford County, 92 A.3d 112 (Pa. Cmwlth. 2014) (en banc).
• Represented the Pennsylvania Department of Community and Economic Development in extensive litigation involving the effect of an Act 47 Recovery Plan in the public labor arbitration process. City of Scranton v. Fire Fighters Local Union No. 60, 29 A.3d 773, (Pa. 2011); reversing, City of Scranton v. Fire Fighters Local Union No. 60, 964 A.2d 464 (Pa. Cmwlth. 2009).
• Served as Solicitor, Pittsburgh Water & Sewer Authority, 2002–2008. Responsible for overall representation, including addressing and overseeing legal issues involving environmental regulatory compliance, public contracting, insurance, general construction, general litigation, and contract review and preparation for the Authority, which has an operating budget in excess of $70 million annually.
• Served as Counsel to City of Harrisburg in negotiating Transfer, Transition, and Shared Services Agreements in respect to revenue generation associated with Act 47 Recovery Plan, 2013.
• Represented Pennsylvania Department of Community and Economic Development, its Secretary, and the Act 47 Coordinator for Pittsburgh in litigation brought by the Fire and Police Unions, challenging provisions of the Pittsburgh Recovery Plan. Fraternal Order of Police v. Yablonsky, 867 A.2d 658 (Pa. Cmwlth. 2005) (en banc) and Pittsburgh Fire Fighters Local No. 1 v. Yablonsky, 867 A.2d 666 (Pa. Cmwlth. 2005) (en banc).
• Represented Washington & Jefferson College in landmark State Supreme Court case establishing real estate tax-exemption status for independent college qualifying as a "public charity" under the state constitution. City of Washington v. Board of Appeals of Washington County and Washington & Jefferson College, 704 A.2d 120 (Pa. 1997).
• Represented Wheeling Jesuit University and the Diocese of Wheeling-Charleston, WV in challenge to fire services charges imposed by municipalities. City of Clarksburg v. Grandeotto, Inc., et al., 513 S.E.2d 177 (W.Va. 1998), cert. denied, 527 U.S. 1037 (1999).

Land Use and Environmental

• Represented real estate developer in case addressing evidentiary burdens under Local Agency Law in respect to demolition and historic review. Troiani Group & Troy Dev. Assoc., LP v. City of Pittsburgh, 260 A.3d 1006 (Pa.Cmwlth. 2021).
• Challenged zoning ordinance limiting use of private golf course by impermissibly delegating aspects of approval process to adjacent landowners. Southpointe Golf Club, Inc. v. Bd. of Supervisors of Cecil Twp., 250 A.3d 495 (Pa. Cmwlth. 2021).
• Represented developer of large-scale multi-use project who brought a multi-million-dollar inverse condemnation action, leading to resolution that allowed project to proceed. Racetrack Road Dev’t, LP, v. South Strabane, Court of Common Pleas of Washington County, No. 2017-5195 (resolved 2020).
• Represented developer with successful effort to transform five block Produce Terminal into urban market center, addressing complex issues involving zoning, signage, flood plain restrictions, historic preservation, and infrastructure alterations, including dedication and vacation of major portions of roadway, and relocation of utility easements; process involved various hearings and on-going dialogue with city officials. (2017-2020).
• Represented redevelopment authority in appeal involving historic preservation as foundation for dimensional variances. Demko v. City of Pittsburgh ZBA et al., 155 A.3d 1163 (Pa. Cmwlth., 2017).
• Served as Solicitor to 3 Rivers Wet Weather, Inc., a nonprofit corporation which is coordinating regional effort involving regulatory agencies and over 60 municipalities and authorities in developing comprehensive plans to comply with EPA Clean Water Act mandates and address Combined and Sanitary Sewage ("CSO/SSO") improvements potentially costing $3 billion, 1999–present.
• Served as Chair, Allegheny County Solicitors Group, coordinating amongst 65 municipal entities in negotiations with the Pennsylvania Department of Environmental Protection (DEP) and Allegheny County Health Department concerning (a) Phase One activities to develop Long Term Sewage Control Plans, 2002–2005; (b) Phase Two activities concerning the development of Green Infrastructure Options, 2014–2015; and (c) Phase Three implementation efforts, 2018-2022.
• Represented landowner in federal court dispute involving commercial rights of first refusal associated with extensive land development. Spaghetti Warehouse Restaurants, Inc. v. Olander et al., C.A. No. 2:15 cv-00705, U.S. District Court (W.D. Pa. 2015).
• Represented landfill establishing non-conforming use and addressing application of zoning ordinance to proposed height. Tri-County Landfill, Inc. v. Pine Twp. ZHB, 83 A.3d 488 (Pa. Cmwlth. 2014) and Tri County Landfill, Inc. v. Liberty Twp., 83 A.3d 1161 (Pa. Cmwlth. 2014). 
• Represented landowner in dispute with commercial tenant over allocation of substantial condemnation award. In re Condemnation of Property of HPT (McKeesport), 1213 C.D. 2012 (Pa. Cmwlth. 2013).
• Established right of developer to require municipality to accept dedicated road. Monroe Meadows Housing Partnership, LP v. Monroeville, Pennsylvania, 926 A.2d 548 (Pa. Cmwlth., 2007).
• Obtained mandamus relief on behalf of developer of planned residential development under subdivision and land development ordinance. Marino & Marino v. Hempfield Twp., No. 3514 of 2003; Court of Common Pleas of Westmoreland County (2005).
• Prevailed in overcoming spot zoning challenge associated with significant expansion of industrial facility. William Toe and Joseph Dobransky v. Chartiers Township, et al., No. 2754 C.D. 2002 (Pa. Cmwlth. 2003).
• Defended sanitary landfill in five-week jury trial involving private nuisance claims. Suchy et al v. Kelly Run Sanitation, Inc., Court of Common Pleas of Allegheny County, G.D., 148 P.L.J. 229, 2000, aff’d 785 A.2d 1045 (Pa. 2001).
• Represented industrial entities in successful exclusionary zoning challenges. See e.g. Chambers Development Corp. v. Municipality of Monroeville, Court of Common Pleas of Allegheny County, 143 P.L.J. 70, 1994; and Kelly Run Sanitation, Inc. v. Forward Township Zoning Hearing Board, Court of Common Pleas of Allegheny County, 146 P.L.J. 205, 1997; aff’d (Pa. Cmwlth. 1998).
• Established in Commonwealth Court that the daily placement of increased volumes of municipal waste did not constitute an expansion of a non-conforming use, thus preserving contracts worth $400 million. Township of Chartiers v. Wm. H. Martin, Co., 545 A.2d 409 (Pa. Cmwlth. 1988).

Energy

• Established scope of statewide preemption associated with local regulation of gas drilling operations under the Oil & Gas Act. Huntley & Huntley, Inc. v. Borough Council of Oakmont, 964 A.2d 855 (Pa. 2009).
• Represented mine operator in obtaining land use approvals to drill for methane gas. Coal Gas Recovery v. Franklin Zoning Hearing Board, 944 A.2d 832 (Pa. Cmwlth. 2008).
• Established in Pennsylvania Supreme Court that an independent power producer has a right under federal law to obtain a contract to purchase energy. Pennsylvania Electric Company v. Pennsylvania Public Utility Commission and American Power/CMS Generation; 677 A.2d 831(Pa. 1996).

Commercial

• Represented insurance company in challenging attempted exercise of King’s Bench Power of Pennsylvania Supreme Court in matter involving application of COVID-19 orders on business interruption policies. Jos. Tambellini, Inc. v. Erie Insurance Exchange, 234 A.3d 390 (Pa. 2020).
• Represented medical marijuana grower/processor to successfully challenge revocation of state permit, enabling resumption of commercial operations. Agrimed Industries of PA, LLC v. Pennsylvania Department of Health, Pennsylvania Department of Health No. MM-19-068 g.p. (Dep’t of Health. 2021).
• Counsel to national railroad carrier in development of new multi-model transportation center (2012-2016).
• Represented coalition of licensed medical marijuana growers and dispensaries in affirming state permitting process. Keystone ReLeaf, LLC v. Pennsylvania Department of Health, 186 A.3d 505 (Pa. Cmwlth. 2018).
• Represented various landfills over two decades in contractual disputes involving delivery, operations and service to municipalities. 
• Represented governmental entity in multi-million-dollar claim involving installation of a computer billing and customer service system. ALCOSAN v. Deloitte Consulting, LLC and Deloitte & Touche, LLP, Court of Common Pleas of Allegheny County, G.D. 00-8729 (2005).
• Represented municipal authority in structuring multi-millio- dollar settlement concerning disputed water and sewer charges. Pittsburgh Brewing Company, formerly Keystone Brewers, Inc. v. Pittsburgh Water & Sewer Authority, Court of Common Pleas of Allegheny County, G.D. No. 02-23066 (2003).

Construction

• Represented architect in litigation involving stadium construction and design. Ligo Architects v. Redevelopment Authority of the City of Butler et. al., Court of Common Pleas of Butler County, No. 08-70121 (2011).
• Represented various entities in public bid disputes.
• Represented general contractors in various arbitrations involving steel industry.
• Represented designer of waste pickles liquid processing plant against breach of contract claim brought by owner of ferrous chloride conversion system following tank explosion. K.A. Steel Chemicals, Inc. v. Hoyer-Schlesigner-Turner, et al., Court of Common Pleas of Allegheny County, G.D. No. 92-17089 (1995).
• Represented general contractor in third-party contribution claim against construction manager of environmental clean-up site for substantial costs associated with an electrical transformer explosion. J&L Specialty Products Corp. v. LTV Steel and Eichleay Corporation v. ICF Kaiser Engineers, Court of Common Pleas of Allegheny County, G.D. No. 91-02785 (1993).
• Represented contractor in federal court breach of contract action involving the installation of geotechnical plastic liners. Management Engineering Corp. v. Penreco, United States District Court for the Western District of Pennsylvania, C.A. No. 89-2384 (1991).

Telecommunications

• Represented wireless carrier in Third Circuit case involving interplay between federal and state law. Nextel West Corp. v. Unity Township, 282 F.3d 257 (3d Cir. 2002).
• Represented wireless carrier in Third Circuit case involving challenges under the 1996 Telecommunications Act and Pennsylvania exclusionary zoning law. APT Pittsburgh Limited Partnership v. Penn Township, 196 F.3d 469 (3d Cir. 1999).