Legal Question in Business Law in Pennsylvania

Local government

Can township supervisors enact an ordinance that will greatly reduce the business and revenue of a family owned business that has been operating for 14 years. We have a rural campground with family entertainment. About 8x times a year we have a DJ with a quiet hour of 11pm. Also Halloween activities and a jeep camp. They want to eliminate our ability to continue with these essential and substantial revenue producing events. Can they?


Asked on 11/24/07, 8:36 am

1 Answer from Attorneys
Sharmil McKee McKee Law Office

Re: Local government

Well, it depends on what is the law in your township. If the law gives the township supervisors the right to enact this type of ordinance, then they can do it, even if it greatly reduces your revenue. The ordinance they enact must be within the subject-matter of what they are legally allowed to regulate.

On the other hand, if they enacted the ordinance solely to harm your business, then the ordinance is probably illegal.

Also, if the ordinance's harm to your business greatly outweighs any public benefit to the township, the ordinance MAY be illegal.

I recommend talking to any attorney, or at least rallying your fellow business owners to lobbying against this ordinance. (For example, letter writing, or picketing, or any other form of political participation).

Good Luck.

Sharmil McKee

Business Lawyer

McKee Law Office

Philadelphia, PA

www.mckeeoffice.com

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Answered on 11/28/07, 11:03 pm


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